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2021-09-21 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, September 21, 2021 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted as Amended Amended to add Executive Session 74-206(1) A: To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. CONSENT AGENDA \[Action Item\] Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the September 7, 2021 City Council Work Session 2. Approve Minutes of the September 7, 2021 City Council Regular Meeting 3. Fallon Greens Subdivision Water Main Easement No. 1 4. Hensley Station No. 2 Sanitary Sewer Easement No. 2 5. Northpoint Recovery Center Water Main Easement 6. Sulamita Church Pedestrian Pathway Easement 7. Sulamita Evangelical Church Sanitary Sewer and Water Main Easement No. 1 8. Full Release of Water Main Easement for South Rackham Way 9. Final Order for Apex Southeast No. 3 (FP-2021-0042) by Brighton Development, Inc., Generally Located on the East Side of S. Locust Grove Rd., ¼ Mile South of E. Lake Hazel Rd. 10. Final Order for Lavender Heights No. 3 (FP-2021-0041) by LH Development, LLC, Located Approximately ¼ Mile East of S. Locust Grove Rd. on the North Side of E. Lake Hazel Rd. 11. Final Order for TM Crossing No. 5 (FP-2021-0045) by Brighton Development, Inc., Located at the Southeast Corner of S. Ten Mile Rd. and S. Vanguard Way 12. Approval of Construction Contract for Digester 6 to JC Constructors for the Not-To- Exceed amount of $8,732,000.00 and Authorize the Procurement Manager to Sign the Contract and Resulting Purchase Order 13. First Amendment to Subrecipient Agreement Between the City of Meridian and NeighborWorks Boise for Program Year 2020 Community Development Block Grant Funds for Homeowner Repair Program 14. Second Amendment to Subrecipient Agreement Between the City of Meridian and NeighborWorks Boise for CARES Act Community Development Block Grant Funds for Mortgage Assistance Program 15. Professional Services Agreement Between City of Meridian and Mariachi Sol de Acapulco, Oinkari Dancers, and Malinda DeBry for Musical Talent for Concerts on Broadway Performance on September 25, 2021 16. Termination and Release of Impact Fee Deferral Agreement Between City of Meridian and Ada County Highway District From 2020 Due to Cancellation of Project 17. Resolution No. 21-2283-A: An Amended Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2019 Comprehensive Plan for 80.7 Acres of Land Known as Wastewater Resource Recovery Facility, Generally Located ¼ Mile South of W. McMillan Road, Midway Between N. Black Cat Road and N. Ten Mile Road, in the North ½ of Section 34, Township 4 North, Range 1 West, Meridian, Idaho; to Update the Future Land Use Map Symbols and Associated Map Notes; and Providing an Effective Date 18. City of Meridian Financial Report - August 2021 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 19. Fire Department: Fiscal Year 2022 Budget Amendment in the Amount of $127,670.00 for Over-Hire of One Firefighter Position Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 20. South Meridian Neighborhood Bicycle and Pedestrian Plan Update Presentation by Edinson Bautista of Ada County Highway District 21. COMPASS Fiscal Impact Tool Presentation by Carl Miller EXECUTIVE SESSION 22. Per Idaho Code 74-206(1)(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code. Added Executive Session 74-206(1) A: To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Motion to enter executive session made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener In to executive session: 5:14 pm Out of executive session: 5:47 pm ADJOURNMENT 5:47 pm Item#3. Meridian City Council Work Session September 21, 2021. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, September 21 , 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Dave Miles, Brian McClure, Kris Blume, Shawn Harper, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, I will call the meeting to order. For the record it is Tuesday, September 21 st, at 4:30 p.m. We will begin today's City Council work session with roll call attendance. ADOPTION OF AGENDA Simison: Next is the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Since last week I have been really anxious to make this next motion to adopt the agenda as published, with the one amendment of adding Executive Session 74-206(1)(a) to the -- to the Executive Session at the end of this meeting. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda with including the Executive Session. 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: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the September 7, 2021 City Council Work Session Page 89 Meridian City Council Work Session Item#3. September 21,2021 Page 2 of 17 2. Approve Minutes of the September 7, 2021 City Council Regular Meeting 3. Fallon Greens Subdivision Water Main Easement No. 1 4. Hensley Station No. 2 Sanitary Sewer Easement No. 2 5. Northpoint Recovery Center Water Main Easement 6. Sulamita Church Pedestrian Pathway Easement 7. Sulamita Evangelical Church Sanitary Sewer and Water Main Easement No. 1 8. Full Release of Water Main Easement for South Rackham Way 9. Final Order for Apex Southeast No. 3 (FP-2021-0042) by Brighton Development, Inc., Generally Located on the East Side of S. Locust Grove Rd., '/4 Mile South of E. Lake Hazel Rd. 10. Final Order for Lavender Heights No. 3 (FP-2021-0041) by LH Development, LLC, Located Approximately '/4 Mile East of S. Locust Grove Rd. on the North Side of E. Lake Hazel Rd. 11. Final Order for TM Crossing No. 5 (FP-2021-0045) by Brighton Development, Inc., Located at the Southeast Corner of S. Ten Mile Rd. and S. Vanguard Way 12. Approval of Construction Contract for Digester 6 to JC Constructors for the Not-To-Exceed amount of $8,732,000.00 and Authorize the Procurement Manager to Sign the Contract and Resulting Purchase Order 13. First Amendment to Subrecipient Agreement Between the City of Meridian and NeighborWorks Boise for Program Year 2020 Community Development Block Grant Funds for Homeowner Repair Program 14. Second Amendment to Subrecipient Agreement Between the City of Meridian and NeighborWorks Boise for CARES Act Community Development Block Grant Funds for Mortgage Assistance Program 15. Professional Services Agreement Between City of Meridian and Mariachi Sol de Acapulco, Oinkari Dancers, and Malinda DeBry for Musical Talent for Concerts on Broadway Performance on September 25, 2021 Page 90 Meridian City Council Work Session Item#3. September 21,2021 Page 3 of 17 16. Termination and Release of Impact Fee Deferral Agreement Between City of Meridian and Ada County Highway District From 2020 Due to Cancellation of Project 17. Resolution No. 21-2283-A: An Amended Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2019 Comprehensive Plan for 80.7 Acres of Land Known as Wastewater Resource Recovery Facility, Generally Located '/4 Mile South of W. McMillan Road, Midway Between N. Black Cat Road and N. Ten Mile Road, in the North '/2 of Section 34, Township 4 North, Range 1 West, Meridian, Idaho; to Update the Future Land Use Map Symbols and Associated Map Notes; and Providing an Effective Date 18. City of Meridian Financial Report -August 2021 Simison: Next up is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Excited to make this next motion to adopt the Consent Agenda and for the Mayor to sign and for the Clerk to attest. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt 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: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 19. Fire Department: Fiscal Year 2022 Budget Amendment in the Amount of $127,670.00 for Over-Hire of One Firefighter Position Simison: So, we will move on to Department/Commission Reports. First up is our first fiscal year budget amendment, which goes to the honor of our Fire Department and ask our Chief Blume to come forward. Blume: Good evening, Mayor and Council. The budget amendment and the request that Page 91 Meridian City Council Work Session Item#3. September 21,2021 Page 4 of 1, we are asking for this evening came about two weeks ago to us. On September 8th we had a member of our department receive orders for an immediate deployment overseas for 15 months. So, looking at the staffing model and what a deployment of a -- of one of our members for 15 months would do adversely impacting our budget and the staffing model, they will incur no cost for being deployed as -- as it's a protected leave status and including their benefits with the city. There is no cost there. However, looking at a 15 month deployment, they will incur to the city about 93,000 dollars in overtime to fill that individual's position and so the solution to that would be a request from you to authorize a single position, single firefighter lateral paramedic, much like we did about a month and a half ago, in order to prevent the expense of 93,000 dollars over the next 15 months. One of the added benefits to that as well is if we get to a point in December of 2022 and we have authorized the hiring of the staff for Station 7 and 8 that will be one less person that we have to go through a process to hire for. We already have an eligibility list in place with an individual that we can make the intermediate conditional offer to, so there is no additional hiring process or fee to enact in order to get to an offer of hire for this person. Simison: Okay. Thank you, Chief. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Perhaps I'm not completely understanding. So, the individual who is deployed, they --they continue to get compensated from the city during the time that they are gone? Blume: Council Woman Perreault, no. The protected leave status of the person in the military is they are made -- their paycheck is made whole. However, the individual's rank in the military far surpasses their civilian rank in the fire department, so that the City of Meridian will not be contributing to make their paycheck whole. They are already compensated above what they would be compensated working for the city. Perreault: Okay. Thank you. Simison: Any further questions, comments or a motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: We would like to thank that firefighter for their service to the military and I would like to propose that we approve the fiscal year 2022 budget amendment in the amount of 127,670 dollars for overhire of one firefighter position. Seems to make sense. Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second to approve the budget amendment. Is there any Page 92 Meridian City Council Work Session Item#3. September 21,2021 Page 5 of 11 discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries. The item is agreed to. MOTION CARRIED: ALL AYES. Blume: Thank you very much. 20. South Meridian Neighborhood Bicycle and Pedestrian Plan Update Presentation by Edinson Bautista of Ada County Highway District Simison: Next item on the agenda is Item 20, the South Meridian Neighborhood Bicycle and Pedestrian Plan update. I do see that we have Edinson from ACHD here and so I -- and I don't see anyone from Community Development, so we will just turn this over to Edinson for this evening. Edinson, good to see you. Thank you for being here. Bautista: Thank you, Mayor Simison. I will start by sharing my screen presentation that I prepared for today. Good evening, Mayor Simison and City Council. My name is Edinson Bautista, ACHD senior transportation planner. In today's meeting I wanted to give you an update to the South Meridian Neighborhood Bicycle and Pedestrian Plan and share with you an executive summary of the projects, including a summary of the public involvement and the proposed project list. The South Meridian Planning Area is shown in this slide. The light polygon delineates the planning area which generally follows the city limits. The neighborhood plan aims to achieve the following goals. Identify and map the biking and walking destination as it pertains to the planning area. To have robust public outreach, to identify the needs for connectivity, transit, biking and walking facilities. To gather a general consensus for community recommendations. Develop a plan that communicates existing conditions and need as well. Convey proposal of projects both to public and ACHD through analysis, technical review, and public outreach. Define, prioritize, and invest in projects and address the need to identify. Additionally, we will identify existing gaps in the sidewalk and bicycle network. As part of today's presentation I wanted to provide an overview of the tools used to collect public input. In summary, the public outreach process consists in three main components. It is public outreach, an online comment period, and an online open house. As kickoff to the public outreach effort in the month of March we work with the schools in the area to survey students regarding biking and walking from and to school and this effort 300 students participate in the survey and 25 provided comments in the interactive map. So, in this effort we answer questions like places -- like identify places where kids like to visit in their neighborhoods. What keeps them from walking or biking and what would make it easier for them to ride or walk in the time in their neighborhoods. During the month of April we released an interactive map to collect public input on locations where the public would like to see bicycle and pedestrian projects in the area of south Meridian itself. From this effort we received a total of 88 comments, specific to a -- specific to -- specific to a location and 30 comments Page 93 Meridian City Council Work Session Item#3. September 21,2021 Page 6 of 11 related to a posted comment and four comments outside the planning area. After collecting and compiling this feedback, a proposed project list was developed and shared with the public once more through an online open house. With the use of their own --with the use of an online story map, which allowed the public to provide further feedback on the bicycle and pedestrian projects identified, as well as ranked their top three projects for each of the categories. The public outreach effort was used to identify and prioritize bicycle and pedestrian and crossing projects and develop a draft project list, which was included as part of the Council package. This draft list consists of 96 projects where 26 are bike projects, eight sidewalk projects, 12 crossing projects and 15 major roadway projects. The main roadway project will include both bicycle and pedestrian improvements. As next steps on October 13th we are planning to go in front of the ACHD commission to present a draft plan, as well as to release the -- release to the public the -- the plan that we will be moving forward through ACHD -- our ACHD website. Then on September 22nd we will be --we will be back in front of the commission --well, on October 27th. Sorry. We will be back in front of the Commission for adoption consideration. With this I conclude my presentation and also stand for any questions. Simison: Thank you, Edinson. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Edinson, thanks for the presentation. When I'm looking at these -- the maps to kind of lay out all the -- I guess proposed projects and where there is a bike lane or enhanced bike lane, enhanced bike-pedestrian, I noticed that kind of -- like all of that is planned across south Meridian, except for Meridian Road, State Highway 69. That makes a little more sense to me, because it's a state highway, but I also noticed a gap on Locust Grove between Victory and Overland and I'm trying to understand why that -- it looks like every other road in south Meridian is covered. Why that area is -- is omitted. Bautista: Thank you, Mayor Simison, City Council Cavener. Thank you for your -- for your question. In this regard -- so, at this moment I don't have the exact details behind the reasoning, but my assumption is that it's because it's included within our planning -- in one of the planning projects currently, but I can double -- I can confirm that and if it's not the case I will make sure that it's incorporated into the plan. Cavener: Okay. Edinson -- Mr. Mayor? Sorry. Simison: Councilman Cavener. Cavener: Edinson, if you could -- mind having either you or someone circle back with us. I mean that's -- you have got Mountain View High School that accesses off of -- off of Locust Grove and so clearly having some type of planned connectivity -- I know that's a spot, too, where we have got some -- some gaps in the sidewalk. So, kind of understanding what the plan is for that mile section would be beneficial. Page 94 Meridian City Council Work Session Item#3. September 21,2021 Page , of " Bautista: I will make sure to circle back -- circle back. Cavener: Thanks. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, Edinson, quick question on the list that you provided with us, the draft bicycle-pedestrian plan, and you have high, medium, and low and the high -- you know, high priority, of course, will be, you know, something that you identified and want to get to first, but can you give me a time frame for when a high project might be accomplished? Are we looking like one to three years for high, three to five for medium and low beyond that or has that been identified yet for a time frame or is it dependent on each individual project and what might be happening for that roadway? Bautista: Mayor, City Council Hoaglun, so thank you for asking that question regarding timeline. So, the process we follow after -- after adopting a neighborhood plan is going back into the -- it's reviewing all those high priorities through the integrated five year plan, as well as work with -- with the city to identify what -- which ones of those high priorities they would like to move forward as --as a part of the --of the review through the integrated five year work plan. So, we -- the time frame depends on different factors based on the participation through the integrated five year work plan, as well as the ACHD factors. There is not exact -- like pinpoint range of time, but there is the policy -- the process that ACHD has established for these community programs and, then, through the integrated five year work plan. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Follow up to that. Thank you, Edinson. Appreciate that and completely understand, you know, it's one of those process things as things -- projects move forward, but it sounds like we need to be prepared at some point in time for those higher priority projects to kind of give -- provide you with input on what -- what the number one, two, three, four, or five projects would -- would -- would be from our -- from our vantage point, so we will -- we will be ready for that when the time comes. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks, Edinson. I appreciate the presentation. We just met with ACHD, you might be aware, last evening, so maybe a follow up, but I guess I would be curious for these crossings and enhancements, if we could get some follow up on whether the crossings will now be recessed, because that's the direction things are going, and Page 95 Meridian City Council Work Session Item#3. September 21,2021 Page 8 , 1, examples of whether the elevation will be changed for the crossing and maybe just some more follow up on whether, you know, some of these pedestrian and bicycle paths will be relocated into a multi-use pathway or if they are going to stay the same, because we had kind of an in-depth conversation that that's the direction ACHD was heading. So, I was just hoping if we could get some follow up on, you know, how -- whether these fit into those categories and that consistency that we talked about last night. Bautista: Major, City Council Strader, thank you for your question. Regarding that, the neighborhood plan is at a high level location identification process. So, in the -- the treatment that's going to be implemented will be determined later on through scoping and through the project's design and you will be able to certainly review with the city to make sure that it accommodates those new guidelines that we are implementing at the time. At this moment where we are recommending based on the current guidelines that we have in place, but with them keep in -- but with the mindset that it can change in the future based on future city orACHD policy changes. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Okay. Yeah. So, you are saying this is a high level overview of the locations and I guess -- I think it would be really hard for our city staff, though, to follow up on each project one by one. Is it possible that you will have the whole list and, then, you will be able to give more detail just on whether it's a detached, a multi-purpose pathway or not, and if it's going to have a recessed crossing, just because we are really focused on the consistency of the direction. We --we really want things to be consistent with how people are treating those crossings, so that would be my only two cents would be if it's possible, now that you have this document, if there is a later update to update the whole list at once for us on how you are treating those I would appreciate that. Bautista: Mayor, Council Strader, I guess -- so, currently the number of plans it's a -- it's a -- we can certainly work or plan for that. One thing that I would like to highlight is that the neighborhood pedestrian and cycle process that we revisit -- this is not a one single time that we are coming to -- to the south Meridian area. We are coming back later in the future to certainly identify those projects and update the descriptions of this -- of the projects that are still on the -- on the pipeline and defining those criterias. The neighborhood plan process as it stands right now, just at a conventional high level in which -- that we will make sure that the city has an opportunity to provide input on whenever projects move more forward that they provide that input on what they would like to see on the specific locations, like, for example, that multi-use pathway, which is already planned for for those major roadways that we have identified, like the major -- 15 major roadways that we have -- we are recommending that pedestrian, bicycling infrastructure on, which it's multi-use pathway. Simison: Council, any additional questions? Just -- Miranda, do you have anything you would like to add to this? Okay. All right. Thank you. We look forward to seeing you Page 96 Meridian City Council Work Session Item#3. September 21,2021 Page 9 , 1, again, Edinson. Bautista: Thank you, Mayor Simison. 21. COMPASS Fiscal Impact Tool Presentation by Carl Miller Simison: All right. Next up is Item 21, COMPASS fiscal impact tool presentation. See that we have Mr. Miller joining us from COMPASS. Carl, I will turn the time over to you. Miller: Great. Thank you, Mayor. Good afternoon, Meridian City Council. I would like to share a quick presentation with you about the new COMPASS fiscal impact tool that we believe will be a really helpful tool for helping you and assisting you in your difficult decisions that you need to make. Things jumped around on me. Are you able to see my screen that says COMPASS Fiscal Impact Tool? Simison: Yes. Miller: Okay. Great. Thank you, Mayor. So, I just would like to -- to start off with just a few rhetorical questions, just -- I would like you to have this in mind as we go through the rest of the presentation about the benefit of a tool like this that will help us understand the financial impacts to the -- to the city on land use decisions. But first of all think about -- if a new subdivision is approved could you afford the new services that would be required? How do you know if your Comprehensive Plan is financially viable? What's the impact of House Bill 389? And can you answer these questions right now? We are introducing a new-- brand new tool that will help answer these questions and actually many more. The COMPASS Fiscal Impact Tool or the FIT and today I would like to cover just really briefly who COMPASS is and, then, get into fiscal impact analysis, walk you through our tool that will be made available to your staff and, then, talk about how we will be reporting the financial impact of land use decisions and, then, obviously, stand for any questions that you have at the end of this. So, I think you are already somewhat familiar with COMPASS. We serve as the metropolitan planning organization for Ada and Canyon county and as our -- in our role as an MPO we allocate federal transportation dollars to regionally significant transportation projects, road widening, bridges, transit planning and other things. But we also have a role as a council of governments and we are bringing stakeholders together to solve regional issues that we face. Our board of directors has grown increasingly concerned about the rate and type of growth that we are seeing in the Treasure Valley and it really wants to be able to answer the question is growth paying for itself. So, thus I will introduce you to the fiscal impact analysis, which is really at the simplest it's just the calculation of -- do the expected revenues outweigh the anticipated expenditures. So, this could be a new subdivision, a rezone, a land use plan change, but it really looks at the types of expected revenues that we are going to see it through impact fees, property taxes, and other variety of fees and services and expenditures. What are the operating and capital needs for new schools, new police substations, and all the things that we really are obligated to provide to a new area when it's developed and if those things -- if the revenues exceed expenditures, that's a net fiscal impact for the community. So, we are looking at a variety of different public services here. We looked at the capital Page 97 Meridian City Council Work Session Item#3. September 21,2021 Page 10 of " and operating expenses of public education, public safety and emergency services, transportation, parks, recreation and a lot of other categories. In fact, we have over a hundred different public service categories built into this fiscal impact tool. So, that way we can provide really an A to Z comprehensive view of what does new growth due to the community's budgets. Now just a couple caveats. The fiscal impact tool is not an economic impact tool, so it's not going to look at, you know, if a new business or new firm comes into the Treasure Valley, you know, an economic impact tool would look at what are the spillover effect, what is the increase of income or what are the new jobs generated to, you know, for dentists and restaurants and drycleaners based on a new industry coming into the Treasure Valley. It's not looking at the private sector side of this. It's focused specifically on public sector financial impact. It's also not anything more than a modeler tool. We really rely on good assumptions, so that way good information goes in and good information comes out. We sat down with several of your departments in your city, Public Works, Planning, Finance, to say really what is the capital improvement plans and how does growth in one part of the city impact the community's bottom -- bottom line maybe compared to another part of the city and, then, finally, it's not an end all be all. It is one very important factor, but maybe not the only factor when it comes to does this new land use proposal meet the community's goals. There is many goals that you have outlined in your Comprehensive Plan and while we think, you know, financial sustainability is one of them, it's not the only thing and oftentimes we -- as we develop this we would meet with other communities that build fiscal impact tools and the default always became, well, what does the fiscal impact tool say and while it's important, maybe it's not the only thing and there may be other good community reasons, affordable housing or -- or other social needs that may don't -- maybe don't pencil, but are still a benefit to the community. So, now let me walk you through how the fiscal impact tool works. Your staff will also have access to this -- a web based version of this tool, whereas ours is an Excel program that we have in house. It starts with a locator map, as you can see. We have split the region into over a hundred different geographic areas and we did that based on guidance and feedback from your staff, but really we wanted to be able to look very granularly about how does different locations in the city -- how does that impact a community's ability to serve it. You also see that it's split by school districts, so that way -- you know, part of Meridian is served by West Ada and part is served by the Boise School District. Those have different capacity issues and different ability to serve new growth and it's also --well, in Ada county it's one singular highway district, but we also broke out -- especially on the Canyon county side, by the different highway districts and other agencies that have to serve new growth. We also look at a number of different land use types, as each one have different impacts, both to the revenues and expenditures. On the revenues different types of, you know, residential developments will have different valuations and feed into the revenues differently, but they also have different expenditures, different persons per household, students per household, vehicle miles traveled, EMS and fire and police calls all are differential based on both the location, as well as the type of growth that they have. So, we have a number of different ways to look at different residential or employment types or we can mix and match and look at mixed use types as well. We anticipate that this covers about 95 percent of all development types. Almost anything that we see over the course of the year can be plugged into this model. There are special exceptions, you know, new baseball stadium, Expo Idaho, if those were to redevelop it might need a Page 98 Meridian City Council Work Session Item#3. September 21,2021 Page 11 of 17 special analysis, but almost everything can be fit into this fiscal impact tool that we are looking at. But, then, like I said, the tool considers the relevant impacts of those different development types. So, we will looked at persons per household, students, vehicle miles traveled, based on different land use types and price points. So, this chart is our Meridian -- briefly, Meridian north single family detached and as you can see as the valuation of a single family home in north Meridian goes up, actually, the students per household goes down and so they have a different impact on the -- on the school district. We will be using this information to report this back to you in several different ways. We can look at the impact on a city, on a county, a school district, highway district or Valley Regional Transit and, then, provide that information to you based on the overall amount, as well as what is the breakeven point. So, for this hypothetical example in Kuna we are looking at a grocery store with 50 multi-family units and we can see that it breaks even for the city right away in the first year, but it never breaks even for the county. There is -- we are never going to have enough revenue to exceed the amount of services that it will cost on the county's services. So, there is a lot of different ways to look at fiscal impact, but we think providing that information based on the service provider helps to understand how the new proposal will impact a variety of different service providers. And, then, finally, COMPASS will provide the official fiscal impact results. We will use our development checklist, which you may have seen in the past. This format is a little bit different just to reflect the Communities In Motion 2050 plan that we are working on right now, but it helps to bridge the local decision making that you do with the regional planning that we do. So, we are kind of working in a coordinated fashion. Along with that development checklist you will see a supplementary page, the graphic on the right, which will show the impact on the city, the highway district, county, the schools and others and explain why this fiscal impact analysis was done. We will try and do this for every development proposal. The county does, you know, lots of plans or accessory dwellings. We are really looking at larger scale development proposals, anything with 50 residential units or more or an equivalent amount of commercial space. But we also are currently working on a web based tool, so we can hand to your planning staff. So, anytime you meet with a developer at a pre-application meeting or you are looking at maybe a scenario of increasing densities or decreasing densities or changing land use types, they will also have access to this tool, so they can do analysis and have that ready at their fingertips. So, I put this here because I have given you a lot to chew on, a lot to -- to consume tonight, but I also want to put this in there to let you know that we know a tool like this takes regular care and feeding. We worked with your staff quite a bit on developing the tool and we are going to be working with your staff as we update the tool in the future to keep it current, up to date, accurate, and all those things. So, anytime, you know, on an annual basis we can reflect your budgets and any new capital improvement plans or any new planning that goes into effect, how the services from the city or the county will be able to -- or will change or how you will be able to serve the community down the road. So, I think that's quite a bit for tonight, but let me, please, pause there and answer any questions that you might have. Simison: Thanks, Carl. Council, any questions? Perreault: Mr. Mayor? Page 99 Meridian City Council Work Session Item#3. September 21,2021 Page 12 of 17 Simison: Council Woman Perreault. Perreault: Thank you. I'm curious about the data that's gathered for the cost of infrastructure. Is that coming -- what's the source for that and how often is it going to be updated? Miller: A great question, Mayor Simison and Council Member. We anticipate roughly annual updates to this tool. Your budgets have -- most community budgets are on an annual cycle, at least full -- full changes to budgets. So, that gives us an opportunity to update the budget based on the annual process and we got that information working with your Finance Department and your Public Works, your Planning Department, to really understand what are different impacts that change the way you can serve things. So, we work with the school district to see, you know, where -- where they have capacity in their schools versus where they don't. I think that might be a good example of say, you know, in certain school zones you can have an extra hundred homes and still not fill up that school district, whereas in others we are already at capacity and there will be even more marginal cost to serve that new growth. Strader: Mr. Mayor? Cavener: Mr. Mayor? Simison: Council Woman Strader. Strader: I was curious, you know, if you took into account like the sewer sheds and things like that. I'm just -- like an example, you know, I -- my understanding is there is an area in -- south of Meridian where the topography makes building a sewer trunk line and additional sewer sheds more challenging. So, would this tool like reflect the cost of building that type of infrastructure in that location or are you putting blanket assumptions on all sewer services? For example, all water services and applying it to the whole city? Miller: Great question, Mayor Simison, Council Member Strader. We developed this tool with a consultant named Tischler-Bise and we really what -- we did a first phase where we took an average cost of growth approach. We just said, you know, where ever growth is it cost about this much. This second phase of the fiscal impact we really did more of that marginal cost. I think the school example is a good one to show, you know, sometimes there can be additional growth and it really doesn't impact the school all that much, whereas at other times there is -- there is a huge margin for new capital and operating expenses. With public utilities, like water and sewer, they more act as -- like a business through enterprise fund and so those weren't worked into this tool, because the cost of -- of new growth to serve in those areas really is worked into the -- the -- the charges that are, then, fed back to the consumer. So, rather than more with a public utility where we are obligated to provide police or fire no matter where they are, public utilities are treated different in this model. Strader: Mr. Mayor? Page 100 Meridian City Council Work Session Item#3. September 21,2021 Page 13 of " Simison: Council Woman Strader. Strader: I look at it a little differently, because although it's enterprise fund, right, like there -- there are parts of south Meridian where you have already invested in the infrastructure to build the whole sewer shed and trunk line and there are some areas we haven't, but maybe we could rely on our own Public Works Department for additional feedback in our priority growth areas, but my other question would be is you are getting all this great information and you present it on March developments, are you going to aggregate the data and, then, tell us, hey, how did we do this year? Right? Like where did we grow and what does that mean? Are you doing something that's a big problem for one of our partners, with the schools or with the county? How do you intend to come back with an aggregation of that information? Miller: Great question, Mayor Simison, Council Member Strader. I hadn't thought about that until we had a review with the Boise City Council and they asked almost the same question that you did and so we do an annual report based on those checklists that I send out. You know, we map those and -- and highlight those for you. It's not going back to that slide. But, anyway, we can do the same thing with the fiscal impact and provide more of an analysis -- I'm thinking on an annual basis to indicate what has been the financial impact, not just for every single development, but as a community at large. So, that's a great suggestion. Boise had the same thought. So, I will put that on my to do list for next year. Strader: Thanks. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Carl, thanks. I'm excited about this tool and you touched a little bit about, you know, COMPASS's running it as like an Excel program at your office and a web based portal for staff. Is it intended that this is going to be public facing, so if our citizens or planners within the development community kind of want to prepare, that they have the ability to access this as well or is it going to be closed off? Miller: Very good question, Council Member Cavener and Mayor Simison. No, we are not anticipating a public facing tool for a couple different reasons. One is that our consultant TischlerBise, who developed this, is -- is -- has put in a lot of trade secrets into the model and they are concerned about the kind of the reverse engineering of the tool to kind of deconstruct the work that they do and so that's one concern. The other concern is it does take some training to make sure that the data is put in properly and the analysis of the results is -- is -- is vetted thoroughly. So, we are doing training with your staff. We have done one training. We are going to do another one when the web based tool is ready. But we found as talking to other metropolitan planning organizations in the past, we have had a public facing document, it causes more problems than -- than it solves and, unfortunately, we would love to be totally transparent about this and make this Page 101 Meridian City Council Work Session Item#3. September 21,2021 Page 1 of 17 available to anybody. Without the necessary training it can cause people to misapply and misuse and even abuse the tool to make it do things that it's really not supposed to do. And, then, you know, it's really hard to put that genie back in the bottle. So, we are really wanting to make sure that people that use this have gone through the proper training and are, you know, using it as intended. Cavener: Okay. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Carl, will you be able to share -- offline you can circulate it around -- the list of assumptions that are built into it specific to Meridian? Miller: Mayor Simison -- I apologize, I didn't catch your question. We do have a frequently asked questions page that we are putting up on our website that will talk kind of at a high level about what goes into the tool and -- and the input factors. It's -- it's a fairly robust tool and so it may be -- it's somewhat difficult to kind of break it down step by step. There is a lot of different macros and lookup tables and that kind of gets to the -- it might kind of hit the cap on my knowledge level of Excel, but it is not a simple way to indicate every factor that plays into other things. It's multivariate. It's a very complex tool and so I -- I -- unfortunately, I don't think we can put that out there, other than we can put kind of high level frequently asked questions on our website. Borton: So, the -- an example of the question is specific to Meridian, the assumptions built into levels of service, and if you are going to extrapolate the cost or the return on some public safety, for example, that you must build into some assumption with a level of service that future growth is going to obtain, then, create a cost associated with it. That's the type of assumption that I think would be really important for us to see. Miller: I see and I think I understand your question a little bit better. So, we have developed memos regarding the land use types, as well as the impacts of different -- like that chart that I showed you on single family development at different price points and the impact on schools and transportation. Those we could certainly put up on our website so people could look into what is the assumptions we made. I can't put the tool out there, but I think I understand your question some more and -- and we can put those types of memos out and make those available. McClure: Mr. Mayor? Simison: Would you like to add on to that? McClure: Yeah. Two things. So, you asked about sort of public awareness of this earlier. This tool, as mentioned, would be available to staff. For example, during a pre-application meeting this can be shared with an applicant, so it doesn't necessarily need to be Page 102 Meridian City Council Work Session Item#3. September 21,2021 Page —of 17 something that catches them off guard and that could be discussed well in advance of any sort of application submittal and, then, as Carl just mentioned, the assumptions. There is a memo their -- financial provided the vast bulk of that information and it comes directly out of sources like the capital financial plan and, then, directly from police and fire regarding services. So, it's all driven by our data and that pdf -- that memo can be admitted available with Chrome Books and so some of the stuff is sort of a problem to probably transmit. Some -- some information is a bit of a black box, but what -- what is Meridian is all staff data. Borton: Mr. Mayor? Brian, did that -- to that point I assume that we have an internal list of assumptions that we provide for the model to develop that are Meridian specific matrix. McClure: Yeah. So, we didn't develop the list per se. We just gave the consultant a matrix kind of information, but TischlerBise did submit a memo back to us that summarized information they gave us that they were going to use and so that is all available and that will be reviewed yearly. So, as our capital improvement plans change, nonenterprise -- that may affect our services -- an example removed from the police substation, the fire station, the staffing, can all be reflected in the tool with those updates. Borton: Thanks. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Has there been any historical or backward looking validation of the tool or has there been a test of the tool to see if it's accurate, you know, with some examples. Miller: There -- there hasn't been a backward validation of the tool as of yet. That's something that we are considering with the next update. We kind of have to get our feet underneath us a little bit. Some of it is very difficult to backward validate, like the vehicle miles traveled. Even if a new subdivision comes in we know that trips are going to go up on the surrounding arterials, but it's not always a one-for-one relationship between that subdivision and the new trips that go in on the surrounding arterial. So, it can be a very difficult, time consuming, expensive procedure. I definitely think it's worth it, but it's something that we will have to do kind after we get our feet underneath us and use this tool a little bit. Strader: Okay. Thanks. Simison: Council, any additional questions? Okay. Thank you, Carl. Thank you, Brian. Miller: Thank you. Appreciate it. EXECUTIVE SESSION Page 103 Meridian City Council Work Session Item#3. September 21,2021 Page 16 of 11 22. Per Idaho Code 74-206(1)(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code. Added Executive Session 74-206(1) A: To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Simison: Council, next item is Executive Session. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we go into Executive Session per Idaho Code 74-206(1)(d) and 74- 206(1)(a). Hoaglun: Second the motion. Simison: I have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (5:14 p.m. to 5:47 p.m.) Simison: Council, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we come out of Executive Session. Hoaglun: Second the motion. Simison: I have a motion and a second to come out of Executive Session. All in favor signify by saying aye. Opposed nay. MOTION CARRIED: ALLAYES. Bernt: Mr. Mayor? Page 104 Meridian City Council Work Session Item#3. September 21,2021 Page " of " Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. Simison: I have a motion and a second -- I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 105 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 7, 2021 City Council Work Session Page 3 Meridian City Council Work Session Item#1. September 7,2021 Page——— Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. Simison: 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 5:33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) g / 21 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 26 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 7, 2021 City Council Regular Meeting Page 27 Meridian City Council Item#2. September 7,2021 Page" —— summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Was there anybody who like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1948 with the suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 21-1948 under suspension of the rules. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or a motion to adjourn? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn. Hoaglun: Second. Simison: Motion and second to adjourn. 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 7:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 9 / 21 / 2021 DATE APPROVED ATTEST: _ CHRIS JOHNSON - CITY CLERK Page 64 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Fallon Greens Subdivision Water Main Easement No. 1 Page 65 ADA COUNTY RECORDER Phil McGrane 2021-138670 BOISE IDAHO Pgs=5 CHE FOWLER 09/22/2021 08:17 AM CITY OF MERIDIAN, IDAHO NO FEE Fallon Greens Subdivision Water Main Easement No. 1 ESMT-2021-0099 WATER MAIN EASEMENT THIS Easement Agreement, made this 21st day of September,2021 between Hotel Developers-Boise, LLC. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Item#3. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Hotel Developers - Boise,L6 AZ41 Xw�"Zz� usty Lan on, Managing Member STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 302A (date) by Rusty Landon (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Hotel Developers-Boise LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Managing Member (type of authority such as officer or trustee) (stamp) I TRACI L.WILKINSON otary Signature i NOTARY PUBLIC•STATE OF IDAHO My Commission Expires: COMMISSION NUMBER 27561 fMY COMMISSION EXPIRES 3-20-2027 .:aL:.%!yPi6.Y41:.•.••• Page 67 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Si (so Ma 9-21-2021 f fr aQ,; )IAN'= . Z Attest by C is Johns�Clerk 9-21-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-21-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature CHARLENE WAY ' My Commission Expires: 3-28-202 COMMISSION#67390 NOTARY PUBLIC } STATE OF IDAHO MY COMMISSION EXPIRES 3128122 Water Main Easement Version 0 1/0 1/2020 Item#3. AitmBiL=�-�� LAND SURVEYING I 3D SCANNING I DESIGN SURVEYING CIVIL AND STRUCTURAL ENGINEERING I MATERIALS TESTING FOR: Inntrusted LLC Meridian JOB No. 20-350 DATE: August 30, 2021 BY: AJS EXHIBIT A FALLON GREENS SUBDIVISION NEW 20' WATER EASEMENT NUMBER 1 Part of the NW%SE%Section 17 Township 3 North Range 1 East B.M.Ada County, Idaho described as: Commencing at the Southwest corner of Fallon Greens Subdivision Bk. 86 Pgs. 9780-9782;Thence, N 27° 13' 04" W along the Southerly line of said subdivision 237.78 feet; Thence; N 61° 58'41" E 32.16 feet,to the Point of Beginning;Thence, N 50° 10'49" W 28.86 feet;Thence, N 29°03' 28" W 82.49 feet;Thence, N 26° 16' 13" E 109.37 feet;Thence, S 84° 30'46" E 175.55 feet;Thence, S 04'25' 54"W 20.00 feet;Thence, N 84° 30'46" W 162.12 feet;Thence, S 26' 16' 13"W 85.08 feet;Thence, S 29°03' 28" E 68.27 feet;Thence, S 50° 10'49" E 33.27 feet; Thence, S 61'58'41"W 21.59 feet to the Point of Beginning. easement contains 0.17 acres. 800 W.Judicial Street• Blackfoot,Idaho 83221. Office Phone: 208.785.2977• Fax: 208.785.2990 101 S.Park Av Ste 210 • Idaho Falls,Idaho 83402. Office Phone: 208.524.0212• Fax: 208.524.0229 460 Lincoln Street•American Falls,Idaho 83211. Office Phone: 208.226.5764 rayc v� Item#3. EXHIBIT B NE COR SEC 17 Parcel B Fallon Greens POSITION CALCULATED 8 9 (ROS Inst. No. 107081167) FROM TIES PER 17 �16 Found 5/8" Iron Rod CP&F INST. NO. 99007475 Hubble Inc. 4131 Quitclaim Deed Inst. No. 2021-100117 Found 5/8" Iron Rod Found 1/2" Iron Rod With No Cap Found 5/8" Iron Rod With No Ca S 84°40'01"E S 84°40'01" E Marked P.L.S. 6901 p 2.09 00 S 89°10'10" E 442.48, z LO 31.09' 339.42'ROS Inst. No. 36.97' N N h S 26°26'59"W 107081167 S 89°39'39"W w 162.97' N 84°39'S9"VV CID 3.71' 736.44' E" �� ryoM L L S 84°30'46"E oo N L LLL ILL LLLL"TTTL O ° N 26'16'13" E L LL L L L L I L Ll175.5gI L L LL L L L L L LL ° „ � � 109.37' L �LLLLL_�uI _LLLLLLLLL S 4 25 54 W BLOCK 1 C' o Found 1/2" o� ^ BLOCK 1 84°30'46"W 20.00' LOT 1 o H N Iron Rod �' cD LOT 3 00 0 162.12 Found 1/2" Iron Rod w z N 17 S 62 46 03 W L L co bo o ty 30.64 Lyy`� BLOCK 1 With Illegible Cap U? P _j 00 LYCO S 29°03'28" E rn rn ii�6 IIILLL`\ r68.27' LOT 2 Deed Inst. No. 107087495 N N QILL o N 29°03'28"W � LLLL LL LL S 50'10'49" E ROS Inst. No. 107081167 0 z 82.49' 00 LLLL 33.27' ROS Inst. No. 99101824 LLLL Found 1/2" Iron Rod LLLLL 21.59' With No Cap Found 1/2" Iron Rod O N 50'10'49"W CRM 28 86' N61058'41"E 53.75' i E 1/4 COR SEC 17 AMENDED MAGIC 32.16' POSITION CALCULATED VIEW SUB Ni�� FROM TIES PER o FALLON GREENS CP&F INST. NO. 99007476 BLOCK 1 0 SUB LOT 23 EASEMENT AREA CONTAINS 7405 SQUARE FEET, '06, o d o O L() C) D`3 P z Found 5/8" Iron Rod �Q, L E G E N D Marked P.L.S. 11120 Section Corner Control Found 5/8" Iron Rod F� LAN Marked P.L.S. 11120 �� ���� D S� Placed 1/2"X 24" Iron rod with cap marked o F P.L.S. 12224 � o � ` 2 4 Found Iron Rod as shown A= 3°44'56" ept 7,2021 O R= 3669.72' TF F 0P� — — Easement Side Line L =240.11' LC= 240.06 G. S��F� LLLLLLLLLLLLL New 20' Water Main LLLLLLLLLLLLL S53°56'18"W Easement Number 1 Found 5/8" Iron Rod A-LD DRAYM er DEEIGNe CHECKaY EXHIBIT B Ass HLE CGS S ENTRIH—RAL H.—R.No INNTRUSTED LLC MERIDIAN , 0 2020-SW MATERIALS TESTING 6 LANO URVEVINS101 S.ParkAvenue,Idaho Falls,ID 83402,(208)524-0212 DATE SepteITher M 2021 800 W.Judicial Street,Blackfoot ID 83221.(208)785-2977 REV 1-S DATE hleinccom 460 Lincoln Slreel,American Falls,ID 83211,(208)226SEC.17,T.3 N.,R.1 E.B.M.ADA COUNTY,IDAHO —YRIGHT© I-,2-HLE ALL RIGHTS RESERVED, rage 70 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hensley Station No. 2 Sanitary Sewer Easement No. 2 Page 71 ADA COUNTY RECORDER Phil McGrane 2021-138671 BOISE IDAHO Pgs=5 CHE FOWLER 09/22/2021 08:17 AM CITY OF MERIDIAN, IDAHO NO FEE Hensley Station No. 2 Sanitary Sewer Easement No. 2 ESMT-2021-0098 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 21 st day of Se ptember20 21 between Hensley Properties LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 Item#4. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 441do S L- STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by ort gh --4. (name of individual), [complete the following i si ning in a representative capacity, or strike the following if signing in an individual capacity] on behalf of luc- (name of entity on behalf of whom record was executed), in the following representative capacity: AXf,r i, _ (type of authority such as officer or trustee) (stamp) Notary Signature KENO BROWN My Commission Expires: a COMMISSION 482841 NOTARY PUBLIC STATE OF IDAHO [WMIMMEKPIM07MMI Sanitary Sewer Easement REV. 01/01/2020 Page 73 GRANTEE: CITY OF MERIDIAN Rgbqt . Simiso , yo [,zlF csl ILIA N SEAT. Attest by Ch Johnson, s r 'r.l f.9-21-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-21-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. ARLENE WAY Notary Signature COMMISSION#67390 My Commission Expires: 3-28-2022 (VOTARY PUBLIC STATE OF IDAHO PAY c6mmisS[t711 Fxpms v2s= Sanitary Sewer Easement REV. 01/01/2020 Item#4. Legal Description City of Meridian Sanitary Sewer Easement Hensley Station Subdivision No. 2 An easement being located in the SW % of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap monument marking the northwest corner of said Section 10, from which an Aluminum Cap monument marking the southwest corner of said SW % of Section 10 bears S 0°38'57" W a distance of 2653.05 feet; Thence S 0°38'57" W along the westerly boundary of said SW % a distance of 1031.27 feet to a point; Thence leaving said westerly boundary S 88°25'50" E a distance of 495.25 feet to point; Thence S 0°36'41" W a distance of 103.95 feet to the POINT OF BEGINNING; Thence continuing S 0°36'41" W a distance of 20.00 feet to a point; Thence N 89'23'19" W a distance of 84.18 feet to a point on a curve on the easterly boundary of an existing City of Meridian Sewer and Water, Public Utility and Cross Access Easement; Thence along said easement boundary a distance of 23.07 feet along the arc of a 57.00 foot radius non-tangent curve left, said curve having a central angle of 23'11'32" and a long chord bearing N 28*36'21" W a distance of 22.92 feet to a point; Thence leaving said existing easement boundary S 89'23'19" E a distance of 95.36 feet to the POINT OF BEGINNING. This easement contains 1,778 square feet (0.041 acres) and is subject to any other easements existing or in use. opt LA NOS Clinton W. Hansen, PLS 5` r�R Land Solutions, PC Revised: January 15, 2021 a 1 118 of 151 Z = <�y9TF o V TON W NA Meridian Sewer Easement Hensley Station Subdivision No.2 land sumwng and Consutgng Job No. 19-57 Page 1 of 1 Page 75 Item#4. CITY OF MERIDIAN SANITARY SEWER EASEMENT HENSLEY STATION SUBDIVISION NO. 2 LOCATED IN THE SW 114 OF SECTION 10, T3N, R1W, B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 1/4 9 10 W. PINE AVE, CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD N C1 23.07' 57,00' 23'11'32" N28'36'21"W 22.92' to S88'25'50"E 495.25' I c I� I I Lo i¢ C3 U t-i o II in LOco U cr Lj a`c � pS�p N�NS� Np• 2 pRpP ga1�I51ON o EXISTING CITY OF MERIDIAN SEWER a '0 _ __ I __ I U' b Mom j - j------ -— _,AND WATER, PUBLIC UTILITY AND CROSS ACCESS EASEMENTNT _ m � S89'23'19"E POINT OF BEGINNING r- CINI 95.36' T l� 1,778 SF I o 0.041 ACRES I 0 o -------------------- [V __ _ -- O N89'23'19"W 84.18' l � 51 II � � I I I \o�p,L LA N,0`SG s 10 %STF ,p W. FRANKUN RD. 16 15 11118 ; 0. 01 jIs121�� 2 �jyT� 0 F P��� N W. 0' 20' 40' 80' LanjLand ®futions urveying and Consulting 231 E,5TH ST..STE.A MERIDIAN.ID 83642 (208}288-2040 (208)288-2557 fax www.landsoluGons.b2 JCB Page 76 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Northpoint Recovery Center Water Main Easement Page 77 ADA COUNTY RECORDER Phil McGrane 2021-138672 BOISE IDAHO Pgs=6 CHE FOWLER 09/22/2021 08:18 AM CITY OF MERIDIAN, IDAHO NO FEE Northpoint Recovery Center ESMT-2021-0080 WATER MAIN EASEMENT— THIS Easement Agreement, made this 21st day of September , 20 21 between Pine 43 Holdings,LLC ('Grantoe'),and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey to the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY LNDERSTOOD AND AGREED,by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Item#5. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: bNtn STATE OF 4BAMO ) 4a,mjI-�m) ss County of A& ) This record was acknowledged before me onJuCkIZI,2ozi (date) by JaSoyj 126RdeA ttSh (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Pine 4,; A,) SS.LL-C (name of entity on behalf of whom record was executed), in the following repre e� ntative capacity: Pre l&II:L (type of authority such as officer or trustee) (stamp) i PF;I/iL S .,,� KELLEY JO KONIECZKO Notary Sig ture N 0 TA R Y.P U B L(C My Commission Expires: Z� Z022 f' =STATE OF OHIO Comm. Expires 04-22-2022 Recorded in Warren County ���rrrrrrtntu����� Water Main Easement Version 01/01/2020 page 79 GRANTEE: CITY OF MERIDIAN Robert t. Simi on, ay o ,,21-2021 SEAT. Attest by Chr' Johnson, " `' Jerk 9-21-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-21-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) -, Notary Signature 3-28-2022 cHA� ENE wav COMMISSION a 67390 � M Commission Expires: NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3128122 € Water Main Easement Version 01/01/2020 b G N V 5 Delivering Solutions Improving Lives i R July 11, 2021 EXHIBIT A WATER MAIN EASEMENT LEGAL DESCRIPTION I A parcel of land located in the NW1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Idaho, and being a portion of Pine 43 Parcel B as shown on E Amended Record of Survey No. 12629, Instrument No. 2020-168182 recorded on December 7, 2020 in the Office of the Ada County Recorder, and being more particularly described as follows: i F COMMENCING at a found 2.5" aluminum cap stamped "PLS 7880"for the C1/4 Corner of said Section 8, (Corner Monument Record 2019-055315), WHENCE a found 3.5" brass cap for the E1/4 Corner of said Section 8, (Corner Monument Record 2020-052069), bears South 89054'47" East a distance of 2615.03 feet; THENCE North 00033'41" East a distance of 45.21 feet to a found 5/8" rebar and yellow plastic i cap stamped "JUB PLS 16642" a point conterminous with the northerly Right of Way line of E. Pine Avenue and identical to the southeast corner of said Pine 43 Parcel B; THENCE coincident with the southerly line of said Pine 43 Parcel B, South 89053'41"West a distance of 230.60 feet to the POINT OF BEGINNING; ; THENCE coincident with the southerly line of said Pine 43 Parcel B, South 89°53'41"West a distance of 20.00 feet; THENCE leaving said southerly line of said Pine 43 Parcel B, North 00°12'0"West a distance of 18.36 feet; E i THENCE South 89054'19"West a distance of 60.25 feet; THENCE North 00023'59" East a distance of 167.42 feet; THENCE South 89°36'00" East a distance of 29.50 feet; I THENCE South 00023'59"West a distance of 20.00 feet; 4 THENCE North 89036'00"West a distance of 9.50 feet; THENCE South 00°23'59"West a distance of 127.24 feet; THENCE North 89055'00" East a distance of 60.04 feet; THENCE South 00012'00" East a distance of 38.34 feet to the POINT OF BEGINNING. I 690 S.Industry Way;Ste 10 • Meridian, ID 83642 • T 208.342.5400 • F 208.342.5353 • www.NV5.com Page 81 Item#5. r WHPaC1fiC t The above described parcel contains 5106.26 square feet or 0.12 acres, more or less. The basis of bearing for this parcel is South 89054'47" East between the Center 1/4 corner and the East 1/4 corner of said Section 8. 6 E Robert Gromatzk . P.L.S. License No. 17216 End of Description SAL IAArb K C6 172,16 kk f 6 fF f. I f f G l F 1 J t Page 82 r [Item#5. - - — - f LX IBIT B SCALE6 80 0 40 80 160 4 ( FEET ) 1 INCH = 80 FT. d a PARCEL 3 RECORD OF SURVEY NO. 11291 INSTRUMENT NO. 2018-024368 MARCH 19, 2018 �S89'34'23"E 32.38' E, STATE AVENUE n 759.50' T WATER&SEWER MAIN EASEMENT --SO'00'00"E 9,003 SQ FT, /N 0.21 ACRES o N90'00 00 E 130.24 o Z N90'00'00"W 142.47' AMENDED RECORD OF SURVEY NO. 12629 INSTRUMENT NO. 2020-168182 r N co o PLAT OF T 04 GEMTONE CENTER NO, 5 S89'36'01"E 29.50' N 3 BK, 90, PG 10575 o —SW23'59"W 20.00' N z BLOCK 5 LOT 2 S89'33'58"E B.93' N8936'01"W 9.50' NO'26'00E 20.00' N N69'33'58"W 8.47' 0��1pL MHO N WATER MAIN EASEMENT �► . --5,106 SQ FT �S GF.1404p 0.12 ACRES N8933'58"W 28.93' o o �� V�T1 0z w M POINT OF `2 J Ca. 17216 m vi o BEGINNING v' N89'55'00"E 60.04' z SOI VOTE 38.3,V POINT OF z' 5/ " REBAR AND CAP T ffi BEGINNING JUB 11334 S8953'41"W 230,60' _ LOT 1 r S8954'19"W 60.25' VS89'53'41"W 20.00' NO'33'41"E 45.21'�.- N012'00"W 18.36'_ E. PINE AVENUE _ _ S69'54'47"E 2615.03' 1 I rlk 2.5" ALUMINUM CAP 1 BASIS OF BEARINGS 3.5"" BRAS' Cl/4 SEC. 8, T. 3 N., R. 1 E. VE1/4 SEC. 8, T. PLS 7880 � 3 N., R. 1 E. CORNER RECORD 2019-055315 CORNER RECORD u 2020-052069 C PLAT OF PARCEL 1 GEMTONE CENTER NO. 5 F' RECORD OF SURVEY NO. 8926 BK. 90, PG 10575 INSTRUMENT NO. 111014366 LOT 1 FEBRUARY 15, 2011 BLOCK 6 I „ DRAWING INFO SHEET INFO ¢ EXHIBIT FOR WATER LINE EASEMENTS DRAWN RG SHEET NUMBER V15 B0000193.00 CHECKED RG 3 of 3 NORTHPOINT LEGALSJ-70-27 E TI=21 peSllf d.OR"972258u1fe 300 NORTHPOINT 7"=80' PLOT GATE 509-fi26-0455 .—NVS.— Page 83 s 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Sulamita Church Pedestrian Pathway Easement Page 84 ADA COUNTY RECORDER Phil McGrane 2021-150384 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/15/2021 03:44 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2019-0089 Sulamita Church Meridian Missionary Gospel Church, Inc PEDESTRIAN PATHWAY EASEMENT i THIS AGREEMENT, made this 21st day ofSeptembgr2021, between Meridian Missionary Gospel Church,Inc.,hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation,hereinafter referred to as "Grantee"; WITNES SETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Sulamita Church-Pedestrian Pathway Easement then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. i THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and j possessed of the aforementioned and described tract of land, and that it has a good and lawful 3 right to convey said easement, and that it will warrant and forever defend the title and quiet j possession thereof against the lawful claims of all persons whomsoever. I IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. i GRANTOR: Meridian Missionary Gospel Church, Inc By:Viktor I. Tsema STATE OF IDAHO ) ss: County of Ada ) On this 1 S 4ty of Oc 66-o.r,2021,before me, the undersigned,a Notary Public in and for said State,personally appeared Viktor I.Tsema known or identified to me to be the Vice President of Meridian Missionary Gospel Church, Inc.,and the person who signed above and acknowledged to me that he executed the same on behalf of said church. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •• tiE A4,4 . ti.. r �• ,4 ,`.��0 Notary Public for •CJ; '�' ��' Residing at L�d COMMISSIUI� My Commission Expires: 66 9 . o r .• Uiy tD�'�'•• •• Sulamita Church Pedestrian Pathway Easement GRANTEE: CITY OF MERIDIAN Roberit. Simis n, ayo -2021 I, 11DIAN Mf6sf by Chrf/Johnson ity'C -C 9-21-2021 STATE OF IDAHO, ss. County of Ada This record was acknowledged before me on 9-21-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in-their capacities as Mayor and City Clerk,respectively. CHARLENE WAY COMMISSION#67390 Notary Signature 3-28-2022 NOTARY PUBLIC My Commission Expires: STATE OF IDAHO MY COMMISSION EXPIRES 3128122 Sulamita Church-Pedestrian Pathway Easement 1 i i i i DESCRIPTION FOR PATHWAY EASEMENT SULAIUIITA EVANGELICAL CHURCH j A portion of the NE 1/4 of the NE 114 of Section 9,T.3N., RAW., B.M., Meridian,Ada County, Idaho more Particularly described as follows: j Commencing at the NE corner of said Section 9 from which the E114 corner of said Section 9 bears South 00°01136"West, 2648.77 feet; thence along the Cast boundary line of said Section 9 South 00001136"West, 662.33 feet; thence leaving said East boundary line of North 88°1600"West, 25.01 feet to a point on the West right-of-way line of N. Black Cat Road, said point being the REAL POINT OF BEGINNING; thence along said West right-of-way line South 000011361,West, 14.01 feet; thence leaving said West right-of-way Ilne North 88115'00"West, 342,09 feet; thence North 72*69130"West, 175.41 feet; thence North 70039'30"West, 87.06 feet; thence North 00°01'36"East, 14.83 feet; thence South 70°39'30"East, 91.68 feet; thence South 72059'30"East, 173.25 feet; thence South 88015'00"East, 339.79 feet to the REAL POINT OF BEGINNING. D a 7729 0 �G OF 10P4 " ORYG,CP`' Page 1 of 1 i i I `1' 3 9 10 1 j i I i I f I f MI N NO'0i'36' I I I < ' ! I 1 �aU E 14.83 f Nw $70'39'30"E ( EDDY 91.68' I N88'15'00"W I MQ d S72'59'30"E I 25.01' I Oojr1t _. �/ F173.25' I REAL POINT f can¢m N70 39 30 1 W OF BEGINNING 1 Z 87.06' N7 59'30"w-/�. S88'15'00"E 339,79' r�f��U����o �PN 175.41' N88'15'0r�0"wr�a J42,09' SO'Qi'36"W 14.01' i Jv J �L^ l 1/4 9 10 I D• o �.c a_o 100 _ 300 Ins I�'� it o so zoo OF SCALE: G.C SCALE: 1" = 100' IDAHO EXHIBIT DRAWING FOR 405 NO. 3 18-406 i bIUOE 4YATf:RiCTIJERST MERIDIAN PATHWAY EASEMENT 5HE�T ND. SURVEY SD'T"'° MER)nI0 ntl 63U.z WU0570 SULAMITA EVANGELICAL CHURCH 1 GROUP, P.C.(2U6) •U570 LOCATED IN 11HE NE� DI THE HE Y LI Y,IDAN D, T.3N„fT IW.,D.IA, � OATE RIDlAH, nDA GIOUNTY,IDAHO S2/10/20f8 1 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Sulamita Evangelical Church Sanitary Sewer and Water Main Easement No. 1 Page 90 ADA COUNTY RECORDER Phil McGrane 2021-150383 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/15/2021 03:44 PM CITY OF MERIDIAN, IDAHO NO FEE 1 s i Project Name(Subdivision; P Sulamita Evangelical Church Sanitary Server&Water Main Easement Number: I ESMT-2020-0035 Identify this Easement by sequential number if Project contains more than one easement ofthis type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 21 st day of ten 202I between Meridian Messionary Gospel Church Inc. ("Grantor") and the City of Meridian, an Idaho Municipal. Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property. (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 i I I i THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Meridian Missionary Gospel Church Inc. Viktor I. Tsema STATE OF IDAHO ) ss County of Ada ) On this 1�ay of October, 2021, before me, Notary Public, personally appear Viktor I. Tsema, known or identified to me to be the Vice President of Meridian Missionary Gospel Church Inc,who executed the instrument on behalf of said church. ••rrr• IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year in 0 00 E A 4%0** certificate first above written. U; �' vu COMMISB[ON I • (stamp) N1a1366 1 r wC�✓�J�IX_ it�l�r �cl�,`.,?�j�,tC; •: Notary Signature • , OF lD •'• My Commission Expires:�3 �-- • Sanitary Sewer and Water Main Easement REV.01/01/2020 r i i I I I GRANTEE: CITY OF MERIDIAN 1 I Robert Simi on, ayor 9 9-21-TOTF— IDIA SFAL Attest by ChriJohnson, '' erk 9-21-2021 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 9-21-2021 (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. ' € CHARL15tVE WAY j € COMMISSION#67390 NOTARY PUBLIC Notary Signature STATE OF IDAHO j t MY COMMISSION EXPIRES3128122 My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 i i EXHIBIT A DESCRIPTION FOR i SULAMITA EVANGELICAL CHURCH CITY OF MERIDIAN WATER LINE EASEMENT i A portion of the NE 114 of the NE 1/4 of Section 9,T.3N., RAW., B.M., Meridian,Ada County, Idaho more particularly described as follows: i Commencing at the NE corner of said Section 9 from which the E1/4 corner of said Section 9 bears South 00001'36"West, 2648.77 feet; thence along the East boundary line of said Section 9 South 00°01'36"West, 530.63 feet; thence leaving said East boundary fine of North 90000'00"West, 53.50 feet to the REAL POINT OF BEGINNING; thence continuing North 90000100"West, 18.50 feet; thence South 00°01'36"West, 18.83 feet; thence North 89°58'24"West, 10.00 feet; thence North 00°01'36"East, 18,83 feet; thence North 90°00'00"West, 28,00 feet; thence North 00000'00"East, 20.00 feet; thence North 90°00'00"East, 6.51 feet; thence North 09"1652"West, 101.86 feet; thence North 00°23'21"East, 165,53 feet; thence North 44006'19"West, 164.27 feet; thence North 89'12'56"West, 49.79 feet; thence North 00°24'59"East, 71.52 feet; thence South 89"04'18"East, 20.00 feet; thence South 00"24'69"West, 51.47 feet; thence South 89012'56" East,20.63 feet; thence North 00"37'34"East, 12.87 feet; I i 3 thence South 89°22'26" East, 15,00 feet; 1 thence South 00°37'34"West, 10.30 feet; i thence South 44006'19" East, 184.45 feet; thence South 00"23'21"West, 172.02 feet; thence South 09°16'52"East, 93.30 feet; thence North 90°00'00"East, 31.37 feet; thence South 00"01136"West, 30.00 feet to the REAL.POINT OF BEGINNING. �s 7729 M OF VDo i W. CHERRY LANE +S,4S,3 4,,uj ��---S0'24'59"W L12,�51.47' 4`1 f. 49.79' N89'12'56"W �06, F` I LINE TABLE I LINE LENGTH BEARING �� �js• t Ll 53.50 N90'00'00"W L2 18.50 N90'00'00"W I L3 18,83 S0'01'3611W I ' I L4 10.00 N89'58'24"W �I N I i• L5 18.83 N0'01'36"E Inquj�cv I CL' col ( w EL7 28.00 N90'0d'00"W I ci 3 m V w t rT 20.00 NO'00'00"E cv, N �1iv 6.51 N90'00'00"E �/ I I*`N /a 1 4 V) m L9 20.00 N89'04'18"W z�N i V)m z L10 20.63 S89'12'56"E Lll 12.57 NO'37'34"E ff L12 15.00 S89'22'26'E �� I I JL L13 10.30 SO'37'34"W a L14 31.37 N90'00'00"E L15 30 .00 rr S0'01'36 IN L8 L14 ,�! I / � I �L6//L2't LLLL4 I CL I cVl � 10 40 160 0 20 — - 80 320 1/4 .10 d 7729 SCALE: 1" W 80' zf o c.rn in f,«n7 +.nr er can n.FT1t. �a,nn,�rrun EXHIBIT B IDAHO EXHIBIT DRAWING FOR Joe No, ,<eoE WnrFRTav,TAsT CITY OF MERIDIAN SEWER AND WATER LINE EASEMENT SURVEY 18"�os su'Ts' sNEET ND. hseRlnlaN IarnnaT°.,'' SULAMITA EVANGELICAL CHURCH 1 r-<onI e:e•as�a GROUP, P.C. LOCATED IN THE NE Ys OF THE NE Y OF 5ECT10N 9, Y.SN., R.IYR, B.M, WO D . DATE MERIDIAN, ADA COUNTY, IDAHO 2/15/2020 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Full Release of Water Main Easement for South Rackham Way Page 97 ADA COUNTY RECORDER Phil McGrane 2021-138697 BOISE IDAHO Pgs=1 CHE FOWLER 09/22/2021 08:59 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0097 FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTOR: James A. Kissler, LLC INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated April 17 , 2018 and recorded as Instrument Number 2018-034525 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish,release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 21st day of September 20 21 CITY OF MERIDIAN Robert E. Simis ayor 9-21-2021 C` 1zI7IaN Attest by Cl is Johnson,"ity Clerk 9-21-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-21-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. NOW ov ! CHARLENE WAY Notary Signature COMMISSION##67390 3 NOTARY PUBLIC My Commission Expires: 28-2022 STATE OF IDAHO MY COMMISSION EXPIRES 3I28f22 Version 01/01/2020 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Apex Southeast No. 3 (FP-2021-0042) by Brighton Development, Inc., Generally Located on the East Side of S. Locust Grove Rd., % Mile South of E. Lake Hazel Rd. Page 99 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 7, 2021 ORDER APPROVAL DATE: SEPTEMBER 21, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 70 BUILDING ) CASE NO. FP-2021-0042 LOTS AND 11 COMMON LOTS ON ) 19.66 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR APEX ) APPROVAL OF FINAL PLAT SOUTHEAST NO. 3. ) BY: BRIGHTON DEVELOPMENT, ) INC. ) APPLICANT ) This matter coming before the City Council on September 7, 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 APEX SOUTHEAST SUBDIVISION NO. 3, A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 1 EAST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR APEX SOUTHEAST NO. 3 FP-2021-0042 Page I of 3 HANDWRITTEN DATE: 7/16/2021,by AARON L. BALLARD, PLS, SHEET 1 OF 6," 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 September 7, 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. Page 2 of 3 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 21 st day of September, 2021. By: Robert E. Simison 9-21-2021 Mayor, City of Meridian Attest: Chris Johnson 9-21-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 9-21-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR APEX SOUTHEAST NO. 3 FP-2021-0042 Page 3 of 3 EXHIBIT A WEI� DIAN --- COMMUNITY DEVELOPMENT DEPARTMENT 1 D A H 0 HEARING September 7,2021 DATE: E.LAKE HAZEL RD. TO: Mayor&City Council FROM: Sonya Allen,Associate Planner mg 208-884-5533 W SUBJECT: FP-2021-0042 Apex Southeast No. 3 0 LOCATION: East side of S.Locust Grove Rd., �+ approximately'/4 mile south of E. Lake Hazel Rd., in the NW 1/4 of Section 5, Township 2N.,Range IE. I. PROJECT DESCRIPTION Final plat consisting of 70 single-family residential buildable lots and 11 common lots on 19.66 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Josh Beach, Brighton Development, Inc. —2929 W. Navigator Dr., Ste. 400, Meridian, I 83642 B. Owner: SCS Investments,LLC 855 W. Broad St., Boise, ID 83702 C. Representative: Josh Beach, Brighton Development, Inc. —2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 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 11-613-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-613-3C.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 four(4) from what was shown on the original preliminary plat;the common open space area has increased from that shown on the qualified Page 1 open space exhibit approved with the preliminary plat. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 5/1/2020) APEX SOUTHEAST SUBDIVISION PRELIMINARY PLAT IV ei ulNAxrA PARCEL OF LAN❑SITUATED IN THE WEST 1/2 OF THE NOR iHWEST 1/4 OF SECTION 5,TOWN5HIP 2 NORTH,RANGE 1 EAST,CITY OF MERIA IAN,ADA COUNTY,IDAH❑ rLs� .'Ca�CYfe dOC@N 3 .•rm — - - MEND FL- o F - f 0 6 • • • 0 0 • d • 0 • 0 '' 6 6 8 d o o g •00 • •• •• ■ • •• • d � APE%SMENIDAN,IMHO S.1BEINLYIOry • _ [UHasMlE* Pat- PP1A B. Final Plat(dated: 7/16/21) Plat of � - Apex Southeast Subdivision No.3 3L 32 x Haael Rd. the Northwest portlanofmEsammeMt1)4M E.Lake rthwest 114 o 1 5ection 5, ® Me S ,1'=W fi 5 Town¢hlp 2 N-h,Range L East,B.M.,Cltyof Meridian,Ada County,Idaho 2L121 Sheet Index I SHEET 1 -OMffUdL BUBpM510N ANPNNE/WRHE TIBFFS HLf]LK] E9 sHEE!P -OETNL PUT NrP AND Ap¢x SaHNI¢ast y SHEET a - NtSHEET P,AT xoa aup E— E.91np.y5L SubdlvMion No.I 5 LPwT WP I BLOGf 8 Y�' BSCCK el VXEET P -CERII—DP pWHERa 9 To Ir 1P 1J I5 G H 1J ,a tt to D BLOCK 2 SHEET e -fENnFlGIES aNp APP�IµS 2 ¢g¢ne A g p fWND ERA55 CAP AS XOIro NY9'42'S4'E Hara 8'f EL E UNLLS FWND 5/Y"1EIVR "H8 11X39" V NOT ED OIX[.RWI.IY N8A'S 7" b3 7 Apex SauFheast 5 < �7500 D4 O divls UNIES NOTED OIXERWIS[fD"P1D 12K9" Suhlon N.2 1 ^ 9 ]O fr 1P v g !2 NI Ip ,89 3] • SET 5/a'LB 12 WITH PfASpC CAP Ap.Southeast 3 Q 3D0'DI'I3"E ,15 IKRKEp/B 2a55' •., 5 Subdmx Na2_IJ giLOLN ID 103.92' NYB'S5'd2"E d3p.pD' . S aLOCN Et i/2'limo YTIN PIAnC C4P pp NMNfD'PLB t2aV9" }'I 19 SET a—PLUG(Y1H NAONEM INVERT) A fx 15 1d 5 o10 qOj • MPRKEp;uB t2w5s" OaLCVUTED MINI,NO 1.roUND OR sfT 1 21 Na0'od'35"W N89'S5'25"E © ® O LM NIINKFp I EANcxufE, 5p.p9' 715.00' Oj E,..r-SLAWRCEM PUTTED LOI NUNYEY ,j SI , NY9'S5'25'f I-ne, a 1 VUYDMVbN EnUE—NNE 2 0 O © p O a LINE P3 ® ADIACfM IDT NNE O a—li _ EIYINE -------- MENI IJNE �L�K 12n N>CN � o ® YLDEKS. (EEE ND PY 5 a Y©t2 O O 8 O O Re..- g ® _ R1. quAADMSAPEK mNHEA5 sRep loNOF DF Pus awo " Y2 PUJ IF AP IX mNHE45T SUYDIVISIDN Nw 2,Be. of PUTS NY9 5f W'E 1 2) 99.9' 10 O 15 O Og © AT P.CES��.Hfcox�aT etu ccuNTx,Iowa HECp19K DF P➢A COVNTf.IDPHO. I YS.Yp' a—.M SYR'4Y Ne.1-1 SE—OF NM CAI—.KMHO- ® H7422l Y"E F.Aduerwle Vt xe_ 1Em1D aF sN1xEv xo_s Ecdg 0-01' 11.1 OF ppW EgUNn.IMXO. © � Survey N�artathre ® ® 0 © DF�SxSLR Is N Neu © C Frlrk4��TEILE NO.EI cNp YrMY 4f Ew Spa uanuMENim1MMTMSIF➢ 29 YLNDN IS TEEOHD xEKE HOT FOIJXD YEnf D e51—E E H1 DnVNFM9 OF SR/nE"DEIf _ 5 E.YM A.k.R. NY9'S2'3B"W 13."E. N6wkM I&i mpN�w�ox s n"�el cr s/e-Ixw Nav PE1 w ..� cuavf TPBIE efxrt..Em 1 1'�M`i°s`scrnlwi s° .,12459 Rescue Ranch oidt 5-- 5 bdivision �xTt T•l �tozl F N 61 N E E l I N 0 ❑ lOper _ Brighton ""is3:a Corporation M¢rWlan,Itlaho Page 3 C. Landscape Plan(dated: 4/1/2021) JA \ I OPENSPACETREEfALCVNTNIN5I1REf/ROWSF] tO - ....�7�.e,. ;",.:.•w:wSa -:r"`a�„ "�..dk.'^SE" �`��4"�����++M1 .;� j TOFAL OPEN SPIVCE 111EE5 M...... -.....,-........e.w •w.,x., ...�� _ P. SIPEET TREE CALCLUPONS ISIREE/35 LF10 d� - �����°"' t .� — ' E TOTAL'STREET TREESM xem w�eae w�un _w_ _ I 11] MRIGATION REOOIREMFNIS �+����T��w�m ' PATHWAY TREES ISTREE/1RO LF1_ .e.m.,...�.� P4THW4YIREES REQOIRER/PRDYIOER W'�¢�pm� •nNW I� TOTALTREESREQQIREU/PRWIEEH - +� m,w'wn°.w e..., m _ - -um _ . ,. sir �x r �f s FJrK.. . k �j\LA4N[15CAP`TE SITE PcLAN y` � ,., ,.,, pER7 --0 o tk land Ra' �LANMCAPE PLANPLAN e — :2 � � g f C re/ _ ic c �\LANDSCAPE PLAN Page 5 D. Common Driveway Exhibits DNNEWAY MR LOT Jl BLOCK DRIVEWAY FOR LOT 56 BLODN ' B1 LNG ENVELOPE. 11 TO SE LOCAIEO ON THE 3 TO BE LOCATED ON THE ORRGSOE SIDE GF THE SHARES OPPOSITE SIDE OF THE SHARED DRIVEWAY FOR L01 30 BLOCK 11 CDNAION DRNE PROPERTY LINE COMMON DRNE PROPERry LINE SIpE TO 6E LDCAIED DN SKEDTHE DPPD5RE /j SO. OaNEOPRCPEERry uNE C01W011 LET�61 SIBLE OWNER Iq NHTPw fN"' I'. t0• 12' BUILDING[NVELOPE AND MWNTANING z a >< = LANDSCAPING AND IRRIGATION f O m TtPI 6 IN THFSEFI% ARE S GGG ' m 2 AD 82 5 r LOT 59 IS A NDN-BVILDABL BLOCK 3 10 BE E _ LOCATED ON h£ S E OF /// I NGRE55/EGRESS EASEMENT INm — SIDE 1 $PNAROEO COMsir DMON UX'' 7 BAD 3F LOT5 61 ME 5G OPERTY n PR LINE SIDE J 4 e i F.AmFvmIRF ST. .a..° �.COMM014, BIDET}' I'I j 3 o a TT1�pp s'a F S, d O 0.�. qY� Om 20— 4 m ,2 0 fI I �5•_ IDE —J m Z 5 o LOT 31 OMTIER • a �� O IMRF3ST—SABLE O 5 I 91SF AND MAIMAI w 11 RING � l UNROSEAFING ¢ O � IN THESE AREAS 12 kl _ LDT 33 IS A km NON-BUILDABLE GOMNOR LOT BLOCM3 WITH A BLANKET I I O °� S ,,, NGRE55/EGRESS E mIIm�marNMzztwNnrc CASEMENT IN READ OF L 5'It"BLOIX 9] al REPR 3t�µp 32 — RaftI` L— v RDR _A ___ _ �_—- BLOCK I I �I - u tl ®LOTS 30-34 BLOCK 11 LOTS 58-52,BLOCK 3 SO WHEN (k ED AT I PRINTI 1T 1 =30 WHEN PRINTED AT 11 NIT * SSPY O* 1 `fib 2 7I9/az 0V 'A Ln 12��1 d m BDIIDING ETNELOPE. I z 0 W u TTPIGL. UI!R4GE o BLOCIE3 m z= N t =a o O:- p, N SIDE 9'm 2 K' 31 12• 0 / D' O 'a Al 9 z LOT 5T OYMER IS RESPONSIBLE FOR LANIs�Talu.A AND_ �oTNiI w O IXESE NtEfS SIDE J LOT.9 5 A NGN-BUIIEaOI.e ` COMMON LOT WRH A OLANKET NGRE55/EGRE55 EASEMENT IN FAWR OF LOTS 50 AND 51,BLOCK 3 e cC\ r, 12' E.ABLER HOP ° DRNEWAY MR LOT 52 BLOCK 3 TO eE l4RE0 OF THE S COMLION DRNE 2O PROPERTY LINE 1p TE \ j SIDE [��l DF2 ®LOTS 4LOCK 3 WHEN N T •`'�p;C t_aFrDSy TO WREN ,BLOCK AT t 55PY • s� 2 7191az p�F VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2020-0057; Development Agreement Instrument Number 2020-178120). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering stamped by Aaron L. Ballard, dated: 7/16/2021, included in Section V.B shall be revised as follows: References(Sheet 1): a. R1.—Include the Book and Page numbers of the Apex Southeast Subdivision No. 1 plat. b. R2.—Include the Book and Page numbers of the Apex Southeast Subdivision No. 2 plat. Notes(Sheet 3): c. Note#5: ". . . Lot 4-47,Block 13 . . ."". . . owned and maintained by the operator-of as homeowner's association . . ." d. Note#6: ". . . to provide access for Lots 5 1 5 3 50 and 51,Block 3,Lot 59 and Lots 60 62 60 and 61,Block 3,Lots 3A 31 and 32 afid Let 34,Block 11,respectively. Said 6. Lot 49, Block 3,Lot 59,Block 3,Lot 33,Block 11, shall be owned by the Apex Southeast Homeowner's Association,Inc., or assigns, and the owners of the lots that benefit from the common drives shall maintain,repair and/or replace said common drives at their own cost and expense. Said 6, Lot 49,Block 3. . ." e. Note#10: Include the recorded instrument number of the ACHD landscape license agreement. f. Note#11: Include the recorded instrument number of the ACHD public right-of-way (sidewalk) easement. g. Note#12: "Direct lot or parcel access to S. Locust Grove Rd. and E. Via Roberto St. is prohibited. . ." h. Note#15: ". . .Lot 447,Block 13, are servient to. . ." i. Note#16: Include the recorded instrument number of the CC&R's. Graphic Depictions: j. Sheet 1: Include the CP&F No. at the southeast corner of the site. k. Sheet 3: Include the recorded instrument number of the ACHD temporary turnaround easement. 1. Sheet 4: Include the recorded instrument number of the ACHD permanent easement on Lot 7,Block 13. A copy of the revised plat shall be suhmitted with the final plat for City Engineer signature. Page 7 5. The landscape plan prepared by KM Engineering, dated 7/12/2021, included in Section V.C, shall be revised as follows: a. Depict shrubs within street buffers along S. Locust Grove Rd. and E. Via Roberto St. in accord with UDC 11-3B-7C.3a. b. Depict shrubs within landscape strips along all pathways in accord with UDC 11-3B-12C.2. 6. The rear and/or side of structures on lots that face S. Locust Grove Road,an arterial street, and E.Via Roberto St., a collector street, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays, banding,porches,balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement. 7. 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. 8. All fencing shall comply with the standards of UDC 11-3A-7C. 9. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. 10. 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. 11. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 12. 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 signature. As an alternative to a separate easement document,this information may be included in a note(i.e. note#6) on the face of the plat; include language from aforementioned code section. 13. The setbacks and/or driveway locations for lots accessed via common driveways or abutting common driveways shall be as shown on the exhibit in Section V.D(applies to Lots 50-52, 58, and 60-62,Block 3; and Lots 30-32 and 34,Block 11). 14. 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 General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-I 4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or Page 9 drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required.If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Lavender Heights No. 3 (FP-2021-0041) by LH Development, LLC, Located Approximately% Mile East of S. Locust Grove Rd. on the North Side of E. Lake Hazel Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 7, 2021 ORDER APPROVAL DATE: SEPTEMBER 21, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 63 BUILDING ) CASE NO. FP-2021-0041 LOTS AND 7 COMMON LOTS ON ) 16.87 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL & R-8 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT LAVENDER HEIGHTS NO. 3 FP. ) BY: LH DEVELOPMENT,LLC ) APPLICANT ) This matter coming before the City Council on September 7, 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 LAVENDER HEIGHTS SUBDIVISION NO. 3, LOCATED IN THE SW '/4 OF SECTION 32, TOWNSHIP 3N, RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 07/25/21, by Clinton W. Hansen, PLS, SHEET 1 OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Lavender Heights No. 3—FILE 4FP-2021-0041) Page 1 of 3 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 7, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Ben Thomas, Applicant Representative, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Page 2 of 3 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 21 st day of September, 2021. By: Robert E. Simison 9-21-2021 Mayor, City of Meridian Attest: Chris Johnson 9-21-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 9-21-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Lavender Heights No. 3—FILE#FP-2021-0041) Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/7/2021 DATE: -- - - - -- TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner - -- 208-884-5533 _-_ d NOT APART a SUBJECT: FP-2021-0041 NO7pp,R Lavender Heights No. 3 LOCATION: The site is located approximately'/4 mile east of S. Locust Grove Rd. on the north ..' �"�� ,-� side of E. Lake Hazel Rd., in the S '/2 of _ - rt the SW '/4 of Section 32,Township 3N., � -soo,e Range 1 E. I. PROJECT DESCRIPTION Request for Final Plat approval consisting of 63 single-family residential building lots and 7 common lots on 16.87 acres of land in the R-4 and R-8 zoning districts. II. APPLICANT INFORMATION A. Applicant/Owner: LH Development,LLC—PO Box 344,Meridian,ID 83680 B. Representative: Ben Thomas, Civil Innovations,PLLC— 1043 E. Park Blvd. Ste. 101,Boise,ID 83712 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. This is the second phase of development of the Lavender Heights Subdivision. The same number of buildable lots, common lots, and amount of open space is proposed as were approved in the preliminary plat. The preliminary plat requires 6.46 acres(or 12.3%overall)of qualified open space. The open space proposed in phase 1 was incorrectly labeled on that final plat but has now been corrected to show 220,443 square feet(5.06 acres) of qualified open space instead of 132,865 square feet. In total, all required qualified open space has been provided with the three final plats including the remaining 34,356 square feet in phase 3. Therefore,the required open space to be provided has been satisfied. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 2 Page 118 V. EXHIBITS A. Preliminary Plat(date: 4/17/2020) _ :� I VY #a L + L a E 6 4 0 CO) to ! - R u 3 Fx cn a w ro i T ' 9 F•i €�o ivy yS E# r�s_ V — S � J � I aIr,�ll ��'`„�.r� lly ♦K F SF k" S L �8 pj t LAVENDER HEIGHTS SUBDIVISION CIVIL INNOVATIONS,PLLC Q E faaWc, f co Page 3 B. Final Plat(date: 7/25/2021) vg -'� - 5.LOMF GROVE RO. c2 IbN �Flvv _AOv k0�5 z s,m mo no� _ S PEAK AVE. r 10 r Q m'mO- saoo w+ w � � r No,o'cvt No�om's GLENMERE A4E C s v n - B ao®S Woe old No,00s try" O m os o os Toy Z z w-lo'osw ncoasEh s �Oa o � � san,o�� 8 x ` - 0 a m - mnsrw S. BLOOMERANG AVE. oi6i� DOT —WE x— = �oo s xv,o'as'E A a�N S SACHET A4E w sa,w w- 25 s jyj $O�i O P C/1 z NNC—PA:£5 - z \IL � OSTRNM AVE. e_ _Wm -=a= - � �— �� r�. "_,§ate_''•~-° Nno^8 _ `on �- RM 91 gip _ ICI m o 0 0 0 o co�mo �ycmn MH m n - OmU_ yam, m� �R� s �° ➢�mp m7 m m >�n N � O N mu mn��viA➢r - - _� °� m - D O-mz o M 3 O - s Lo 6ymiz� os n m PZOR _ - prmi v mg 7 - 2 4 obi - - � a m O D A lD N Page 4 C. Landscape Plans(date: 7/14/2021) I I r � , � II I I W LL LANDSCAPE REQUIREMENTS Z i PHASE III LI W O Q NC. (� --- W—Z w< — .. �W �l l __ __ _ e STREET&FfER REPMFEMENTS 0 WLu Q a� �O SCHEDULE ri nrs J f OTY.NEY EOTAN—NAME I COMMON NAME 'SILEN NOTES CIASS , _ — _ /l_ • ill pECIWOIIS SNADETPEE6 �. PHASE I-OUTSIDE. ` Y LIMITS QP WORK FLOWERING TREES I I¢3a.I T OVERALL LANDSCAPE PLAN _ - - { Z L1.D Page 5 Q PLANT SCHEDULE �— CALLOUT LEGEND LANDSCAPE LEGEN❑ _ a = z : ?allo : I I� Q�oa OA x �a i ¢L'i w�-x��.,z� - AREA fi PEA ❑ A�LAND APE PLAN-AREA NE o AREA MAP -n� - L1.1 PLANT SCHEDULE om E `. iT 1 . CALLOUT LEGEND LANDSCAPE LEGEND ---� -------- ---- �E 3�n�„e - - 4 - — v. =Q o I aJm¢ . C� aNOQ u�Q=z o . P z j z `_v� m � a � �__'1 ��6 if3ill ❑ LAND CAPE PLAN-AREA TWO T AREA MAP - •- u.z Page 6 PLANT SCHEDULE 1 ! ■ CALLOUT LEGEND LANDSCAPE LEGEND - o F�� \ R:LC i T.T .., 'V w...wr. � wo 4 . / , I allo< km LANDSCAPE PLAN-AREA THREE 2 LL �eir K e �I LL � � __ __—__ � � aREa �■c ff-`IE � T D „ u TAREA MAP -.. 10 L13 I LANDSCAPE NOTES fN — pp�-�i f■ 70PSOIL NOTES 2 VINYL FENCE PANEL .__...,.__.,. 3 PLANNTEiRnQED CUT EDGE - nr nr�as _ LU TURF AREA PREPARATION NOTESl m ¢ DECIDUOUaS TREEoPLANTING rA aR�s a N o 0 w wy< z _ ------- e WEED ABATEMENT NOTES 4 PERENNIAL&GROUNDCOVER •- � a PLANTING z- i — R IRRIGATION NOTES IS 1; Z i O . U z0 5 HR R PLANTIN CONIFEROUS TREE PLANTING _ _n.�". L1.5 Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2020-0009,DA Inst. #2020-106343). 2. The applicant shall obtain the City Engineer's signature on the final plat by May 12,2022, within two(2)years of the date of approval of the preliminary plat(May 12,2020),OR within two(2)years of the date of City Engineer signature on the previous final plat phase,in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by Land Solutions, stamped on 07/25/21 by Clinton W. Hansen, is approved with the following conditions: a. Note#4: Add instrument number; b. Add the Book and Pages for the Lavender Heights Subdivision No. 1 on the final plat. c. Add the instrument number of the existing Meridian sanitary sewer easement noted on the plat. 5. The landscape plans shown in Section V.C,prepared by Breckon Land Design, dated 03/24/21,are approved as submitted. 6. With the Final Plat Signature application,the Applicant shall submit a Common Drive Exhibit for Lot 26, Block 2. 7. Prior to City Engineer signature on this final plat,the applicant shall submit proof of the recorded public access easements for the multi-use pathway(Lot 23,Block 2)required with Phase 1 development. 8. Future homes constructed in this phase shall be generally consistent with the elevations approved with the preliminary plat application(H-2020-0009)with materials and architectural features to be the same or of higher quality as shown in the elevations. 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. 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. 11. The multi-use pathway along the south side of the Farr Lateral shall be owned and maintained by the HOA and incorporated into a common lot with a future phase of development. A. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Due to issues with sewer services settling across infiltration trenches, where possible, relocate trenches to minimize the number of service crossings. Page 8 2. The soil report information is from May of 2006. The applicant shall provide updated geotechnical or soils information to be reviewed prior to signature of the final plat. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. It. Applicant shall be responsible for application and compliance with any Section 404 Permitting that Page 9 may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round Page 10 source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 11 Joseph Dodson From: Ben Thomas <ben@civil-innovations.com> Sent: Monday, August 30, 2021 3:05 PM To: Joseph Dodson Cc: City Clerk Subject: RE: Lavender Heights No. 3 External Sender-Please use caution with links or attachments. Joe, The applicant agrees to the conditions of approval listed in the staff report for Lavender Heights No. 3. Thank you. Ben Thomas, PE Civil Innovations, PLLC 1043 E. Park Blvd. Ste. 101 Boise, ID 83712 (208) 884-8181 From:Joseph Dodson <idodson@meridiancity.org> Sent: Monday, August 30, 2021 2:30 PM To: Ben Thomas<ben@civil-in novations.com>; Adrienne Weatherly<aeatherly@meridiancity.org>; Bill Nary <bnary@meridiancity.org>; Charlene Way<cway@meridiancity.org>; Chris Johnson <ciohnson@meridiancity.org>; Kurt Starman <kstarman@meridiancity.org>;Ted Baird <tbaird@meridiancity.org> Cc: Bill Parsons<bparsons@meridiancity.org> Subject: Lavender Heights No. 3 Hello, Attached is the staff report for the final plat for Lavender Heights No, 3, FP-2021-0041. This item is scheduled to be on the consent agenda at the City Council work session on September 7, 2021. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. Please submit a written response to the staff report to the City Clerk's office (cityclerk@meridiancity.orR) and me as soon as possible. IF you are not in agreement with the staff report, the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thank you, Joseph Dodson Current Associate Planner City of Meridian Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.884.5533 C,-/(fE ID� Built for Business,Designed for Living 1 Item#10. 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. 2 Page 129 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for TM Crossing No. 5 (FP-2021-0045) by Brighton Development, Inc., Located at the Southeast Corner of S. Ten Mile Rd. and S. Vanguard Way BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 7, 2021 ORDER APPROVAL DATE: SEPTEMBER 21, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF FOUR(4) ) CASE NO. FP-2021-0045 BUILDING LOTS ON 3.23 ACRES ) OF LAND IN THE C-G ZONING ) ORDER OF CONDITIONAL DISTRICT FOR TM CROSSING ) APPROVAL OF FINAL PLAT SUBDIVISION NO. 5. ) BY: BRIGHTON DEVELOPMENT, ) INC. ) APPLICANT ) This matter coming before the City Council on September 7, 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 TM CROSSING SUBDIVISION NO. 5, A PARCEL OF LAND SITUATED IN THE SOUTHWEST '/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUBDIVISION NO. 5 FP-2021-0045 Page I of 3 HANDWRITTEN DATE: 8/11/2021,by AARON L. BALLARD, PLS, SHEET 1 OF 3," 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 September 7, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Josh Beach, Brighton Corporation, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at Page 2 of 3 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 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 the21 st day of 52021. By: Robert E. Simison 9-21-2021 Mayor, City of Meridian Attest: Chris Johnson City Clerk 9-21-2021 Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 9-21-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUBDIVISION NO. 5 FP-2021-0045 Page 3 of 3 Item#11. EXHIBIT A STAFF REPORTC� fE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT DATE: 9/7/2021 Legend - - 0 TO: City Council I PrD 1 Lcofltan --- �'FROM: Sonya Allen,Associate Planner �. C-hl IvL 208-884-5533 _ RUT SUBJECT: FP-2021-0045 R- .. R- Tf�- TM Crossing Subdivision No. 5 -C R - C-C PROPERTY LOCATION: R-8 RU Southeast corner of S. Ten Mile Rd. & S. -E R Vanguard Way in the NW 1/4 of Section 14,T.3N.,R.1W. -IE RUT 1xR 1 TM=R L R- - rg UT R. R-8 I. PROJECT DESCRIPTION The Applicant,Brighton Development, Inc.,requests final plat consisting of four(4)building lots on 3.23 acres of land in the C-G zoning district for the fifth phase of TM Crossing Subdivision. Note: The proposed final plat is actually the second phase of the TM Center Subdivision preliminary plat(H-2020-0074). II. APPLICANT INFORMATION A. Applicant Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400, Meridian, ID 83642 B. Owner: Robert Phillips,DWT Investments,LLC—2929 W. Navigator Dr., Ste. 400, Meridian,ID 83642 C. Representative: Same as Applicant III. MERIDIAN,ID 83642 STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2020-0074) as required by UDC 11-6B-3C.2. The proposed final plat depicts the same number of building lots as approved with the preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary as required. Page 1 Page 134 Item#11. IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. V. EXHIBITS A. Preliminary Plat (dated: May 29, 2020) TM CENTER SUBDIVISION PRELIMINARY PLAT VIOINI Y MAP:I"-iW A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 AND A PORTION OF THE VW.F"NKLINRDWEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 14,TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,2020 o ,IED..oFGRAwI,�E,N„E 0 0 j o C o O O PRELIMINARY PLAT DATA LEGEND ® © ® C Y � O O u ® ® emu [ SLIRVEYOONTROL NOTES OQ° ® WLM£�r ® � m.rwuse wv usa.m - nm nets�a .sn n0 vnm u TM CENTER SUBDIVISION _ MERIDIAN,IDAHO - —E—EET m,�artM� iv.w xna a-.•' ru yc'Py,cf� km mal un x d..in,�r.m.,io..m ,.I cslP,eIb P.F. �uPP. Page 2 Page 135 Item#11. B. Final Plat(dated: 8/11/21) PLAT OF _— N. TM Crossing SubdivisionJOTNORTHWEST No.5 A PARiSL OF LANDS ITUATED IN THE SOUTHWEST V4 OF THE 110 OF SECTION 14, TOWNSMP 3 NORTH,IT 1 WEST,BOISE MERIDIAN,OFYOF MERIDIAN,ADA COUNTY,IDAHO. ]L21 FOUND BRASSNWI PER C kF N0.t1WT�'{a o 90 10e 1fG f6T�Y P�Sale-1':5p' SHEET INDEX �EEr i -Pur I.r u]o LEOEw �r s -No*Es.NFL cw�+c++e d 0•a]ER`5 9E£P] -CfRORGTEg•NP•PRIeW.L9 I I LEGEND FcuNo awss cv as Norm i] g E 6 PwNv r.unwuR ow ns N61W 1 • LEr s/5'RfE•r>mm aR16rS 0'P WRKEP I ua tvuc • sET+/x"Rmae.rm rume dr r•rEN S.V 'ra vuE• iA}NDURER 9Y SB'4]E ry,P1' � �——— vmrvePn eNundln uNE d� I TAT LIE y JAI SECTIINI UNE '�n� •�•0° sORLPNi PROPERTY LINE >^'.ni b� Nr6(I I'31t _ �cEMFAuvE y 'S6'ZT�Nf ! EPSeT.2NF uN[ xsgo' 4&OS' � ! ± O1 r REFERENCES f pl. TMW�dN aRYEY Na R353 R[CPC665W1�rt,[Wq Cm a wed ¢uAir j Op` `�' s. REr¢s TP. nwatt -rxim, PFR HR.Mn RC¢T-�- ,p S 3S VE A5. PEUMN OE SIRrtY Ib.>>9K.efCOuvS rno sv+GVN+N'.FK+. J n93' �dq5 of Pw lvxn i,iwo. oui 2T. 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R A fn[MEMvr 0[f.E nMGavRv fi xEem INLu[iND we w Tx¢ti.st.TIE T wT m RAe'FE Avtss Fn s vrfr[Mxw av rs lAonwF[n BI,Ev.E10.FPi AT APRRpNEe A—PAN 0.pI1ECT ME MDT OEL C.IEv m THE PUW PR TN[F�rtS ry Iq[yp WpICIRS ME"FAFar vEacTLwir iESERrtn _ DTxE[if.r�"Sutn MUFF T T LwvacNVE E u ws Ic nrEn m ME on°swm SR"ninTn`g` na.m sore a.e.w wm•r.ni olT:olm aolii°A°.fO4 Tin°e nT �AD�cai.o.Ta.x .EiORw ar Rr,E new uio + T1� _ DEa-M.ml a w.nµTz wxanna..a.e+.als_D" .can cnr N�.�N xrmerc TD SEm[fr-L • N � uo Iwo THE RLex NOI T-0F_lyxTg NNv ro.'UTutt EME—M Ns vEU N EATED NDTEa aN"T. 1° CERTIFIGTE pF$AIRV EYpR .Mar L.uo°r"n,'.�"T'FxtOis rL`—T TM eeLasi c waolxsor°.:'s°.""R c""ccmR°N1m w �i:Ir.Arz °wilrEEs`.n os ,n10D kam.mI rs.�raln Mi Ro°3"olu` ',m TMIvr'.`,w"o"Is�car T:.m ME oar=M`N9°r .�x ERAg D ll,4otti 6n !N G I N[![I N 6 RqX.�6 d13!(PA InerdNFux Page 4 Page 137 C. Landscape Plan(dated: 7/21/21) jW ------- Page Item#11. a,n rt . IT I Vii* 3ONCE GN CPMA3HMERTCWkVB .. �^.u...c.rt••c�]_'r'Eis ' o-rti.mc r � E 1 2 .r .� T: L 5 • V A 7+ 8 ACC€SLATE DETAIL I �. L g Ma_ T w gAcno rAaurvsEcrvi -- ------ .., ", "❑ 7i w— s z d - ri,rt„ :,:.::.:.`. 10 YPEA_PA�EEn E�HaHG 11Ea-EaN ESE �H�G EENCE ANO IINEAf ACCENT STONE IAYOIfP ----------- —EA-PAHE—LE SEEOETAIL6]L. TYPES-OECOAAP4E STYI£FENCING.SEE OETAILK32. ACCESSGATE-5£E OEEAILK& 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 [Ten Mile Center AZ-14-001; TM Center H-2020-0074,DA Inst. #2021- 089157]. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on 8/11/21 by Aaron L. Ballard, included in Exhibit B shall be revised as follows: a. Note#4: Include the recorded instrument number of the Development Agreement (Inst. #2021-089157). Page 6 Page 139 Item#11. b. Note#7: Include the recorded instrument number of CC&R's. 5. The landscape plan prepared by KM Engineering, dated 7/21/21 included in Exhibit C, is approved as submitted. 6. The subject property shall be subdivided prior to issuance of any Certificates of Occupancy for the site per requirement of the Development Agreement. 7. 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-General Conditions: 1. Sanitary sewer service to this development is available via existing mains. 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. Unless sewer line will be extended in the future, main to SSMH-03 should be 0.6% slope. 2. Water service to this site is available via existing mains. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B- 14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non- Page 7 Page 140 Item#11. 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. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. All grading of the site shall be performed in conformance with MCC 11-1-4B. 13. 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. 14. 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. 15. 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. 16. 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. 17. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 18. 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. Page 8 Page 141 Item#11. 19. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 20. 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. 21. 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. 22. 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. 23. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 Page 142 Item#11. EXHIBIT B From: Joshua Beach To: Sonya Allen;Adrienne Weatherly;Charlene Wav;Chris Johnson Cc: Jon Wardle Subject: RE:TM Crossing Sub.5 FP-2021-0045 Staff Report for Council on 9/7 Date: Tuesday,August 31,2021 11:50:56 AM Attachments: imaae006.ono External Sender-Please use caution with links or attachments. Sonya, we are in agreement with the conditions of approval in the staff report. Josh Beach I Assistant Project Manager-Entitlement BRIGHTON CORPORATION Brighton—Creating Great Places 2929 W. Navigator Dr., Suite 400, Meridian, ID 83642 Mobile 208.871.3812 brightoncorp.com From: Sonya Allen <sallen@meridiancity.org> Sent:Tuesday, August 31, 20218:52 AM To: Adrienne Weatherly<aweatherly@meridiancity.org>; Charlene Way<cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Cc:Joshua Beach <JBeach@brightoncorp.com>;Jon Wardle<jwardle@brightoncorp.com> Subject:TM Crossing Sub. 5 FP-2021-0045 Staff Report for Council on 9/7 Attached is the staff report for the final plat for TM Crossing#5. This item is scheduled to be on the consent agenda at the City Council work session on Sept. 7th.The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (cit)tclerk(@meridiancit)l.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 C&E ID�N, Built for Business, Designed for Living 0®©0 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law. Page 143 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Construction Contract for Digester 6 to JC Constructors for the Not-To-Exceed amount of$8,732,000.00 and Authorize the Procurement Manager to Sign the Contract and Resulting Purchase Order C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Division Meeting Date: September 21, 2021 Presenter: Consent/ Troy Thrall /Warren Stewart Estimated Time: N/A Topic: Approval of Construction Contract for Digester 6 to JC Constructors for the Not-To- Exceed amount of$8,732,000.00 and authorize the Procurement Manager to sign the Contract and resulting purchase order. Recommended Council Action: Approval of Construction Contract in the Not-To-Exceed amount of$8,732,000.00 and authorize the Procurement Manager to sign the Contract and resulting purchase order. Background: This contract is the result of a formal Pre-Qualification process and ITB #PW-2129-11147.C. Six contractors were prequalified and three submitted bids. CONTRACT FOR PUBLIC WORKS CONSTRUCTION WRRF DIGESTER 6 CONSTRUCTION PROJECT# 11147.0 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 21st day of September, 2021 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and JC Constructors, Inc., hereinafter referred to as"CONTRACTOR",whose business address is 1305 E. Columbia Rd., Meridian, ID 83642 and whose Public Works Contractor License#is PWC-C-14336. INTRODUCTION Whereas, the City has a need for services involving wester Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable,the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor,the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work,or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor WRRF DIGESTER 6 CONSTRUCTION page 1 of 13 Project 11147.0 Item#12. represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties,either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $8,732,000.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period,which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration,compensation,salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging,transportation,drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WRRF DIGESTER 6 CONSTRUCTION page 2 of 13 Project 11147.0 Page 147 Item#12. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 548 (five hundred forty eight days) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 578 (five hundred seventy eight days) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of$500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If,through any cause,CONTRACTOR, its officers,employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement,violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this WRRF DIGESTER 6 CONSTRUCTION page 3 of 13 Project 11147.0 Page 148 Item#12. Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement,CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method,details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1941 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and WRRF DIGESTER 6 CONSTRUCTION page 4 of 13 Project 11147.0 Page 149 Item#12. all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain ands ecificall agrees that it will maintain, throughout the term of this Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000)per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. WRRF DIGESTER 6 CONSTRUCTION page 5 of 13 Projed 11147.0 Page 150 Item#12. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives,employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation,which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. WRRF DIGESTER 6 CONSTRUCTION page 6 of 13 Project 11147.0 Page 151 Item#12. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.gsi2x?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting,typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. WRRF DIGESTER 6 CONSTRUCTION page 7 of 13 Project 11147.0 Page 152 Item#12. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part,any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate WRRF DIGESTER 6 CONSTRUCTION page 8 of 13 Project 11147.0 Page 153 Item#12. contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severabflity: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execration hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. W RRF DIGESTER 6 CONSTRUCTION page 9 of 13 Project 11147.0 Page 154 Item#12. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document & addendums, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian JC Constructors, Inc. Purchasing Manager Attn: Matt Neukom 33 E Broadway Ave 1305 E. Columbia Rd. Meridian, ID 83642 Meridian, ID 83642 208-489-0417 Phone: 208-965-3244 Email: mattC&jccboise.com Idaho Public Works License#PWC-0-14336 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN JC CONSTRUCTORS, INC. BY: BY: FZ94 KEITH WATTS, Procurement Manager JIM 66 TA - Dated: 9-21-2021 Approved at City Council Dated: ' I 2021 WRRF DIGESTER 6 CONSTRUCTION page 10 of 13 Project 11147.0 Page 155 Item#12. Approved by Council: 9-21-2021 Project Manager Troy Thrall WRRF DIGESTER 6 CONSTRUCTION page 11 of 13 Project 11147.0 Page 156 Item#12. EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-2129-11147.0 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-2129-11147.C, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • SPECIFICATIONS (vol. 1-3) by Brown & Caldwell updated 8-3-2021 (1,583 pages) • DRAWINGS by Brown & Caldwell (vol. 4) dated May 2021 (128 pages) • STANDARD DETAILS by Brown & Caldwell (vol. 5) (216 pages) Specifications & drawings added/amended via addendums: • B200942g_geotechdigester6-revised 3 • A2.2 40 05 57.23 Powered Actuators—Addendum 2 • A2.3 40 91 23.33_Flow Process Meas Devices—Addendum 2 • A2.4 C-100-3002-GRADING AND FITTING TABLES—Addendum 2 • A2.5 C-1 00-4001-YARD PIPING Addendum 2 • A2.7 Meridian Digester 6 3D Model-MASTERVI 9 WRRF DIGESTER 6 CONSTRUCTION page 12 of 13 Project 11147.0 Page 157 Item#12. Exhibit B MILESTONE I PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $8,732,000. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 548 Days from Notice to Proceed Milestone 2 Final Completion 578 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WRRF DIGESTER 6 CONSTRUCTION PROJECT per IFB PW-2129-11147.0 NOT TO EXCEED CONTRACT TOTAL....................... $8.732.000.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. Contract Pricing Schedule (to be included by Amendment) Item No. Description Quantity Unit Unit Price i i i i WRRF DIGESTER 6 CONSTRUCTION page 13 of 13 Project 11147.0 Page 158 Item#12. Page 159 Item#12. WRRF Digester 6 Construction (BT-12KR Legend The green cells with bolded numbers indicate that this bid was the lowest price. The orange cells indicate that this item from that vendor was selected. The green cells with orange outline indicate that this item from that vendor was self has the lowest price. Page 160 Item#12. $ 123 acted, and Page 161 Item#12. Engineered Structures,Inc. JC Constructors The Ewir Total Cost $12,152,736.0 $8,732,000.0 $9,1 Selected# 0 1 Selected($ $0 $8,732,000.0 # Locked Items Selected Lowest QuantityRE Unit UnitPrice TotalCost UnitPrice TotalCost UnitPrice 0 No Basket(l) Supply&Construct Digester 6 per the #0-1 FALSE specifications $8,732,000.0 $8,732,000.0 1 LS $12,152,7:$12,152,736.0 $8,732,00 $8,732,000.0 $9,118,90( Page 162 Item#12. ig Company 18,900.0 0 $0 TotalCost $9,118,900.0 Page 163 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: First Amendment to Subrecipient Agreement Between the City of Meridian and NeighborWorks Boise for Program Year 2020 Community Development Block Grant Funds for Homeowner Repair Program Page 164 FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES, INC., DBA NEIGHBORWORKS BOISE FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This First Amendment to Subrecipient Agreement between City of Meridian and Neighborhood Housing Services, Inc., DBA NeighborWorks Boise for Program Year 2020 Community Development Block Grant Funds ("First Amendment") is entered into this 21 St day of September , 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Neighborhood Housing Services, Inc., DBA NeighborWorks Boise ("Subrecipient"). WHEREAS, on October 13, 2020, City and Subrecipient entered into Program Year 2020 Subrecipient Agreement ("PY20 SRA'), a cooperative agreement for the investment of Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient requires additional funding to complete the activities in the PY20 SRA, and changed circumstances require changes in activities and level of service for which the CDBG funds are provided; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: L PROVISION MODIFIED— STATEMENT OF WORK. Section I.A. of the PY20 SRA shall be amended as follows: A. Activities. Subrecipient shall use City's PY20 CDBG funds in an amount not to exceed Fiery Seven Thousand Dollars ($57 nnm fifty eight thousand five hundred dollars ($58,500). Subrecipient will be responsible for administering a homeowner rehabilitation program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under the following: 1. (14A) Rehabilitation: Single-Unit Residential. A minimum of fifty one thousand five hundred dollars ($51,500) of CDBG Funds will be used to reimburse for costs associated with rehabilitating owner occupied homes end 2. (14H) Rehabilitation Administration. Up to seven thousand dollars ($7,000) of CDBG funds will be used to reimburse for all deliver costs directly related to caring out housing rehabilitation activities. The primary administrative office is located at 3380 W. Americana Terrace, Ste 120, Boise, Idaho. See Attachment 1 for a map of the service location. II. PROVISION MODIFIED—REIMBURSEMENT REQUESTS. Section II.K.3 shall be amended as follows: 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed Fifty Seven Thousand Dollars ($57 nnm fifty eight thousand five hundred dollars ($58,500). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of FIRST AMENDMENT TO PY20 SUBRECIPIENT AGREEMENT—NEIGHBORWORKs BOISE PAGE 1 OF 2 eligible expenses shall be made against the activity specified, ecifed in accordance with performance, and as expenses are incurred by Subrecipient . Reimbursement requests shall only be accepted via the City ' s online portal and must be completed in full to be processed . Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following : transaction detail completed for the relevant draw request period and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment) . Reimbursement requests must be submitted within fifteen ( 15 ) calendar days from the close of each month of the program year except for the final reimbursement request . Subrecipient ' s final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 31 , 2021 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at lit tPs : // Ile ridiancitv . or; ' ccib`;! . Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized , in writing, by City. III. ALL OTHER PROVISIONS IN EFFECT. All provisions of the PY20 SRA shall remain in full force and effect except as expressly modified by this First Amendment or other duly executed addenda . No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the PY20 SRA or this First Amendment thereto . IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT : NeighborWorks Boise Bud Comp her, Jr . , tEO Date CITY : City of Meridian Attest : Qoapceu nue�,r}, City of B IDIAN A$40 By: Ikober E. Si ison, Mayor is Jo s , Cit Clerk W s SEAL � . yrFR Of the ?REP�J�� FIRST AMENDMENT TO PY20 SUBRECIPIENT AGREEMENT — NEIGHBORWORKS BOISE PAGE 2 OF 2 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Second Amendment to Subrecipient Agreement Between the City of Meridian and NeighborWorks Boise for CARES Act Community Development Block Grant Funds for Mortgage Assistance Program SECOND AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES, INC., DBA NEIGHBORWORKS BOISE FOR CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Second Amendment to Subrecipient Agreement between City of Meridian and Neighborhood Housing Services, Inc., DBA NeighborWorks Boise for CARES Act Community Development Block Grant Funds ("Second Amendment") is entered into this 21st day of September2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Neighborhood Housing Services, Inc., DBA NeighborWorks Boise ("Subrecipient"). WHEREAS, on July 7, 2020, City and Subrecipient entered into Program Year 2019 Subrecipient Agreement ("PY19 SRA'), a cooperative agreement for the investment of Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient requires additional time to complete the activities in the PY19 SRA, and changed circumstances require changes in activities and level of service for which the CDBG funds are provided; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. PROVISION MODIFIED—STATEMENT OF WORK. Section I.A. of the PY19 SRA shall be amended as follows: A. Activities. Subrecipient shall use City's CDBG-CV funds in an amount not to exceed one hun&ed six4y throe thousand three t1„na,.oa thirty three dollars ($ 63 33-3 two hundred thirteen thousand three hundred thirty three dollars ($213,333). Subrecipient will be responsible for administering a mortgage assistance program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under 05Q (Subsistence Payments). CDBG Funds will be used to reimburse for mortgage payments and staff time to administer the program. The primary administrative office is located at 3380 W. Americana Blvd., Suite 120, Boise. See Attachment 1 for a map of the service location. 11. PROVISION MODIFIED—LEVEL OF SERVICE. Section I.C. of the PY19 SRA shall be amended as follows: C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 66-76 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as "low- to moderate-income individuals." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. SECOND AMENDMENT TO PY19 SUBRECIPIENT AGREEMENT—NEIGHBORWORKs BOISE PAGE 1 OF 3 Item#14. III. PROVISION MODIFIED—TIME OF PERFORMANCE. Section I.G of the PY19 SRA shall be amended as follows: G. Time of performance. Services of Subrecipient shall start on or after April 1, 2020 and end on September 30, 24212022. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. IV. PROVISION MODIFIED —REIMBURSEMENT REOUESTS. Section II.K.3 shall be amended as follows: 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not to exceed one hundred sixty three thousand three hun&ed thirty three dollars ($ 63 333'two hundred thirteen thousand three hundred thirty three dollars ($213,333). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen(15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than April 2024 September 30, 2022 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. V. ALL OTHER PROVISIONS IN EFFECT. All provisions of the PY19 SRA shall remain in full force and effect except as expressly modified by this First Amendment or other duly executed addenda. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the PY19 SRA or this Second Amendment thereto. SECOND AMENDMENT TO PY19 SUBRECIPIENT AGREEMENT—NEIGHBORWORKs BOISE PAGE 2 o page 169 IN WITNESS WHEREOF, the parties shall cause this Second Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written . SUBRECIPIENT . NeighborWorks Boise 9/7 /:Z I By: Bud Compher Jr. , Chief Executive Officer Date CITY : City of Meridian Attest : Q09% ED AUGUST ' 0 0 J By : Robert E Ion, Mayor C is J h on IDAHO } SEAL of the TiRk I SECOND AMENDMENT TO PY19 SUBRECIPIENT AGREEMENT — NEIGHBORWORKs BOISE PAGE 3 OF 3 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Professional Services Agreement Between City of Meridian and Mariachi Sol de Acapulco, Oinkari Dancers, and Malinda DeBry for Musical Talent for Concerts on Broadway Performance on September 25, 2021 PROFESSIONAL SERVICES AGREEMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this2l St day of Septmber , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Armandina Rodgiguez, an individual doing business as Mariachi Sol de Acapulco, an assumed business name filed pursuant to the laws of the State of Idaho, whose address is 703 E. Ustick Road, Caldwell, Idaho ("Promoter"). WHEREAS,the City desires 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, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza("Event"); and WHEREAS,the Parties mutually desire to present, as part of Concerts on Broadway, the music of Mariachi Sol de Acapulco, an eight-to ten-piece band specializing in the performance of mariachi music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Mariachi Sol de Acapulco shall perform for the public approximately seven (7) songs, from 8:15 p.m. to at least 8:45 p.m., on Saturday, September 25, 2021, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on September 25, 2021, and Mariachi Sol de Acapulco may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of five hundred dollars ($500.00). This payment shall constitute full compensation from City to Promoter and/or to the members of Mariachi Sol de Acapulco for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of Mariachi Sol de Acapulco shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. B. Cancellation. City may, in City's sole discretion, cancel the Event and/or Mariachi Sol de PROFESSIONAL SERVICES AGREEMENT- MARIACHI SOL DE ACAPULCO,CONCERTS ON BROADWAY PAGE I Of 5 a governmental agency related to COVID-19 or other public health hazard. If City cancels the Event and/or Mariachi Sol de Acapulco's performance: 1. On or prior to 5:00 p.m. on September 18,2021: This Agreement shall be void, and neither Promoter nor the Mariachi Sol de Acapulco shall be entitled to payment or any other benefit hereunder. 2. Between 5:01 p.m. on September 18, 2021,and 1:00 p.m. on September 25, 2021: So long as Mariachi Sol de Acapulco is present and prepared to provide services set forth in this Agreement at the time, date,and place, and in accordance with the terms set forth herein, Promoter shall be entitled to payment in the amount set forth herein, even if the Event, or any component thereof, is cancelled due to unforeseen events not caused by Promoter, Mariachi Sol de Acapulco, or the members thereof. If Mariachi Sol de Acapulco fails to provide such services and the Event is not canceled, Promoter shall reimburse City for amounts already paid. C. Method of payment. By September 15, 2021, Promoter shall provide City with: 1) a completed ACH Form, 2) a copy of a voided check, 3) a completed W-9 form, and 4) an invoice in the amount of five hundred dollars ($500.00) for services to be provided on September 25, 2021. So long as all documents are complete and received by September 15, 2021, City shall pay Promoter in full via direct deposit by September 25, 2021. If such documents are not received by September 15, 2021, following the September 25, 2021 performance, Promoter shall provide City with: 1) a completed W-9 form, and 2) an invoice for the amount of five hundred dollars ($500.00) for services provided, which invoice City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III.VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Mariachi Sol de Acapulco members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Mariachi Sol de Acapulco shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Mariachi Sol de Acapulco's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Mariachi Sol de Acapulco shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to,policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. PROFESSIONAL SERVICES AGREEMENT- MA.RIACHI SOL DE ACAPULCo,CONCERTS oN BROADWAY PAGE 2 of 5 E. Merchandising. Promoter and/or Mariachi Sol de Acapulco shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City requests that twenty percent (20%) of any proceeds from merchandise sold at the Event be voluntarily donated to the Meridian Arts Commission. Promoter and Mariachi Sol de Acapulco shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. Iy.TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of Event. City shall promote the performance in community promotional materials and avenues,including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. The band shall be listed as "Mariachi Sol de Acapulco"in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Mariachi Sol de Acapulco under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including,but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. E D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and C any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Mariachi Sol de Acapulco, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Mariachi Sol de Acapulco acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of Mariachi Sol de Acapulco shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing i PROFESSIONAL SERVICES AGREEMENT— MARIACIE SOL DE ACAPULCO,CONCERTS oi]BROADWAY PAGE 3 of 5 Page 174 Item#15. out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of Mariachi Sol de Acapulco is an independent contractor and is not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of Mariachi Sol de Acapulco and City or any official, agent, or employee of City. Promoter and Mariachi Sol de Acapulco shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of the Mariachi Sol de Acapulco shall comply with any and all applicable federal, state, and local laws. i I. Non-Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of Mariachi Sol de Acapulco shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. i K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada { County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: Armandina Rodriguez: City Clerk Armandina Rodriguez PROFESSIONAL SERVICES AGREEMENT— MARIACHI SOL DE ACAPULCO,CONCERTS ON BROADWAY PAGE 4 of 5 Page 175 City of Meridian 703 E. Ustick Road 33 E. Broadway Avenue Caldwell, ID 83605 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Mariachi Sol de Acapulco and each and every member thereof. The undersigned further warrants that he is authorized to bind Mariachi Sol de Acapulco and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Mariachi Sol de Acapulco and its members. Q. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. PROMOTER: ai Armandina Rodriguez Mariachi Sol de Acapulco CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 9-21-2021 Chris Johnson, City Clerk 9-21-2021 i i i k PROFESSIONAL SERVICES AGREEMENT- MARIACHI SOLDEACAPULCO,CONCERTS ON BROADWAY PAGE 5 of 5 Page 176 PROFESSIONAL SERVICES AGREEMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this2lst day of September, 2021 ("Effective Date"), by and between the City of Meridian, a non-profit corporation organized under the laws of the State of Idaho ("City") and Jill Kaltenecker, on behalf of Oinkari Basque Dancers, Inc., a nonprofit organization organized under the laws of the State of Idaho,whose address is PO Box 1011, Boise, Idaho ("Promoter"). WHEREAS,the City desires 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, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza("Event"); and WHEREAS,the Parties mutually desire to present, as part of Concerts on Broadway, the music of the Oinkari Basque Dancers, a ten- to fifteen-piece group specializing in the performance of Basque dances; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. The Oinkari Basque Dancers shall perform for the public approximately seven(7) songs, from 7:30 p.m. to at least 8:00 p.m., on Saturday, September 25, 2021, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on September 25, 2021, and the Oinkari Basque Dancers may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of five hundred dollars ($500.00). This payment shall constitute full compensation from City to Promoter and/or to the members of the Oinkari Basque Dancers for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of the Oinkari Basque Dancers shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT— OINKARI BASQUE DANCERS,CONCERTS ON BROADWAY PAGE I of 5 Page 177 Item#15. B. Concellation, City may, in City's sole disorefiM cancel the Evrmt utdfor the Dinkari Ba to Docers's p'ertormancc., For any reason, includin, bur not limited to, upoTI she order or advicc of a govcmmcaW agency re I atcd to COVTD-19 of other pub I is hodth hazard. I f City coacels the Event and•'or the Oirnkari Basque Danccrs's pertbrmance, i. 0 n or prior to 5:00 p,In. on Stpitembe r 10. 2021; This A ment shn I I he void, and nc ither iromoter noT the lei rtikari Basque D M:crs shall be entitlod to payi1nent nr any other bcncfit hereunder. 2. Between 5-m p.nn, on Stpt-ember 18, 202 i, and 1.1DU P.AL. on September 25, 202 l: So long as the Oinkari 13"ue Dancers is Wsrnt and prepared to provide �ervlces set forth in this A eitnent at the tirne, date, and place. and in a000rdwice with th-c terms set fonh herein_City shall pay Promoter in the amourit set forth herein, even 1f the Event, or any component thcr f; is cancelled due to uriforeseen cvents not causer) by Promoter, the 01nkari Basque Dancers, or the members thereof.. C. Method of paynwat, Following the �eptember 25, �021 performance_ Promoter OhalI pmvide City wilh an invoi�;e for the arnoun t of five hundred do I lays ($500-00) for services provildcd, wh ie.h City slatI pay within WtV(N)days of receipt (her _ -Payment of al taxes and ether wscssmcnt_4 on such sums shall be the We responsibilily QfPrornoter. TI I+1*1 L'NC�E A. Plaza. City shill provide for the perfartrtarr the outdoor plaza on the east side of Meridian City Flail, 33 E. Broadway, T+ uddian, Idaho C'mmic"). which is an outdoor, open, Pab1i1� venue, PTomo'tcr shal l be !;nlely responsiblc for arky and al l measures nemwy ter protect egitiPrnm instruments, the Oinkari F3asque Dancers mcrnbi m dunage duo to Vreather and other cor ddlons that do or may cxisl, B. Public v-Eane, Promoter tw ri(?*ledges that the VC1100 i1s a public place and that :4I1 trnembm of tic public shaLll be invited to attend. To this end, the membcra o&the (_]inkari Basque Dancer shall perloim such:material and in such a manner as shall Fre ap fropriatc for all ems, values, and sensibilities. The Olri.kari Ba �qur Diminow's perfnrrnanec find altire shall not inc IUCk language, altirc, andVor b&avior that is profi=, sexual, violent, or discrjroi"lo y- C. City policy applies. PrormA f and ft Oinkari Basque Danom 4hall comply with all City policies and code applicable to kise of City proputy and facilities, including, bot not limited to, policies Of the Meridim larks and Recreation Dgprtrnent. and any requirerrtents of the City [ltrildirig MaintcnanwA TeLJLnie an, which rcquimnnenU shall be reasonable and for the purpow cif protec4ng, Cite facilities and property. A Phutography a rrd recording.. City shall be ext, erizcd to phoograph, raoord+video tape, reproduce, transmit, or di 5sem inate, in-Dr from the plaza. the performaneo solely fo r educational and pub]iu Info m 0on. purposcs. City} shall twit he respomible f'Ur the actions of persumi who are not under its emplo}omi of coraTol_ E. Iw'Jlere ha ndisimg. Promoter andfor the Oi nkari Masque La n-rcrs shall be authorized to sell al bums andVor mcrchandiaing material at the perfbnnancc�and way rersin the p cc+1s of such sales. City xques't�; that twenty per-cent (20%) of any proceeds from rncwhat'rdise sold at the Ev-vn1 br voluntarily donated to the Meridian ,arts Commission- promoter and lyre 0ir,kad Basque Dancers tali be responsible for payiag all sales and other taxcs due and owing on rh-C prracerxis from ProMsroNAUSEKvrEsAoiteenxxT— OnmAitiB+ +1E fir NMs.CONCERTS pro NwAiDwAY FMIE 2 of 5 Page 178 Item#15. mercbandise sold. IV. TERMS AND CONDITIONS A. Time of the es ace. promowr�wknvw1cdgos tint services provided undcr this AgiverneRt shall be performed A a dmely manner_ The ]parties acknowledge and agree rh3t time is strictly of the csscnce with rcsptct to this Agre=enl,and EliAt the failure to tinwly pertonrr any o;frh-e obligations hereunder shall constiiutc a breach of, and a dcrwult under, this Agmemeni by tk party so i4iIing to pertoritn_ E. Pro motion of Even t. City shy,li prurnvW Mr. ptxforatlar " i a L4nri rn Lakity promotional materials wid avenues, including the City newsletter, City wcbsifc, ?Meridian Parks & Rccrcal Ion Dcpartmcnt Activity Cuidc, anAl local M"a and event calendars, proinoter may undertake additional promotional activities at his awn capenw and cffbM subject only to the li mi#ati um scr forrh herd. City he mby eorrvey%to promoter permission to use City's rEame in al l forms aad media and in all mriamer5. without violation of City's msperlive rights of privewy or any other rights trim may possess in cormect ion with its role in the production of Concerts on Broadway. except that City's lojp may nut be used In any rr knttcr Whatsoever without the express, writteo convent of the Mayor's Chief of Staff. To the extent practicable, promoter shall be given the Dpporcunity toreviow, for frurpous nl'acrumcy. appmvi_� al I prornol tonal materials i rL advance of their publication, broadcast or dissemination. The band dial l be ]istcd as "Dinkari Basqut: Dario " in all prorttoticoal materials that are created by City or withi a the City'&control. C. Subcontracting or assignment of obi iRMions. Prornoter sfia11 not subtontmci or assign any of the oktligations of the Qilrkad Basque Dangers under this Agreement related to or that may relate to the band's talent or cxperrise!, Promoter may subwntr [ or assign oNigation� that do not require the band's arti stir talent or expertise, incl udi ng, bUt not 1.1m itcd lo, such 011 gatiorrs as transport and set-up of special ogo1ptlnem z3u t' mstt uinerM_ Aay wbenntraetor or assignee shall hr,bound by al] the tcrrns and conditions of this Agrrtent. D. Nun-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of'the same or any other provision hemf, E. lndenmificatiun, ProrrinW shal[, and hereby does, indmwify save. and hold harmless the City and any and a]I of its employees, agents. volunteers, andfor elected officials from any aw all 109M, cUims, 4nd IMgments for damages or inj'w-y to pe mDns or property, and from any and a]I ]ors and expenses caused or incurred by Promoter and-or the Oinkari BmAlut Dmcen, their ns istants, st�rW.Qnt&,:Rgt1,ntx, elimployees, guesu, andlor ruttiness invitees, in connection with this Agrccmunt or wivities related t htp%o. Frormter and e b rtter nher of the Oinkari Ba&que Dancers acknowiadge that provision of the scrvilccs desca ibcd hereunder preswts 60L., 5omin- of which afe unknown_ and do agree trr a awe a ll such known or unknown risks. F. Waiver. Pxoept as to rights held under the tclTEns of this Agrcemcnt, PnYmoter rand vach member of the 01akari. B&ique Dancers shall, and hereby do, uraive any and all claims and rocourse against City, includin.g the right of contribution for loss and damage to pawns c}r prop rty ari sling from, growing out A or is any war connmbi-d with or inrcidunt the pvrFbmian=ofIhIN Agrecllmnt, whedticr such low -rr dkimake naay be 4ttdWtahle to known or unk iowo conditions, except for liability arising out of concurrent or sole negligeme of City or its officers,agents or=ploy. ?R(PF-LUI AL:5ERV10E$ACREEMEM— ODFKARI BASWE DANCERS.CONCEITS ON E ROADWAY FhsE 3 of 5 Page 179 Item#15. ta, Relationship of Parties. Pros-voter and e&ch member of the Oinkari Mque lancers is an indcpcndent conirtclor and is not an cmploytT, agerii,joiryt venturer, or partner vi'City. Nothing in this Agreement shall br interpreted or construed as orcating or 4stab-14 ping the relationship rif employer and ernp loyec bnw=Promowr or any rneinber o f the 01 n kari Basque Dancers and City or ,any official, agent, or employce of City. Prornoter and the Oinkad Basque Dancers shal I ruin the right to perform, servi-cos for others during die term of this Agrrcmcnt. H. CornpLiance with law, Throughout the ooursc of this ALuccTrkery Promoter and ra-ch member of the the 01rtikari barque Dancers shall comply with any and all applicable f eral, state, andlor,.al laws. L lion-Discrimination, MiDughout the Course of dais Agreement, rXithcr PtIOMD of nor arny,Mcmbcr of the 01 nkari 13 ue Dancers shall discrimlirioc ageiost any perswii as to race, creed, re I igloo,tea€, aged national origin, wxual oriimtetion or any physical, mcntAl, 0'r sensor' handicap. J. Entilre Agreement. This Agreement ristitutes the entire understanding beLwe+en the Parties. This Agreement supersedes any and a l l stateme nts, prom i ses, or indu meets made by ei ther Recur, or agents ofeither part}, whether-oral or written, whether previous to the cxcoution hereof or contemporan ous herewith. The terms afthis Agreemu-nt may not be-Enlarred, modified or aLltered except upon written a rwrn-unt signed by both parties hereto. K Costs and atturneyS" fees- if either party brings any action ov proceedings to enfor-cc, pro#cI or establish any right or rem-cdy under thr terms and cojiditions of this Agmrmcnt. the prevailing party shall be entitlyd to rowver movable costs and attomcys} fees, m dewrmined by a court or Competent jurisdiCtio#i, in addition to any ether rcliefawarded. L. Agreement governed by Fdahe law..The laws of the Statr of Idaho shall govern the validity. intcrpx anion, performanec and enforrornent orthi% A�,reem,ent, Vcnuc shall he in the courts of Ada County, Idaho, M. C'urrnulati*e right& and remedies. All rights and remedies herem enum-craled sU I be cumulative and none shall exclude any kwther right-Or rernedyallo%,cd byhiw. Likewise, the exemiw of any remedy prim,ided for herein of allowed by Lain slial i not be to the exclusion of any other-remody. N. Severabiliity, I f any provision of this Agreement is found by a court of oompulent jurisdiCtiotl to he illeggl, invalid,or unenforceable, the rmunder of this Agrccmcnt shall not be affected- Q. SuecMGra and assigns, All urtime Wnns,provisio covenants and -conditions or this A mcni shall Inore to ihe benetit of, and shall be binding lipen, each party and their L�uc�:eS80 a$siVs, legal representalives, heirs, executers,and achninistraters. F. Notice, Any and all notice required to bo providet! by either of the Panies heruqo, unlvs�i-vt1W+wi W smW in this Agreement, shall be in writing and shall be deemed communi"ted upon Mailing by United Mat=Mail, arldreswd as fellows: citI Qinkari $a K uiz Dancers Inc: city Clerk Jill Kaitcnecker, Pr-ctiidertt City ofMe+idian Pt) Box 1011 33 E. Broadway Avenue B015C. Idaho 83 71)L Wridian, Idaho 83642 J1R0M, NAL SCRarrEs A('pFtEFMENt f)VNKAjti aASQIJE DANCERS,CONCMM.ON[l;RUADWAY PAGE.4 of5 Page 180 Item#15. Either party may change its address for the purpose of this section by giving written n01ace of such change in the manner herein provided. Q. Warranty of authority. The undcrsigncd exprcssly warrants that, to the cxtunt set fdi#h hcTcmi , he is duly authorizW icy act as the mpi+ese ritat ive;and agent of the 01 nkad Basque Dun cers and cash and every member thereof: The undcMigned fiirther+>wraErants that lie is authonzod to bind the 0i kaei l3&9que Dancem and its members to the obligations set truth lierein, and to accept the liabilities as eSl�bl i shed�r�eia err be11a11 �f the�it�ari: LtaS�ue Ir�c�r� �rtd i1 s rn�mbeCs, R. City Dou null approval r eq u fired. The validity of this Agreement shall be C}(prrSSl y r�undi tiVtaCAl upon City Council actiori approving the Agreement. Execution of this AZnoement by the persons refermccd below prier to &uch ratifickon or approval shalI not be ccKnorued" proof of validity in the o of MCridian Ci#y Coil app¢OVIIL IN W[TN 11 q WHE REO P, the parties hei-eto have exec uteri this Apmement on the E ffecti ve. Deft fiirst WTIItcn above, PRE]M QTER: ail] altcnecker, President o i nkari RI-LSgtke f)MMrS 1:'fTY OF MERIDIAN. BY: Alliesu Robert E. Simison, l4 a rr 9-21-2021 Chris Johnson, City Ourk 9-21-2021 PR0nS510 A1-SERVTCE&A�REEMENr- O€tirARi BASQUE JDANCos,CONCERTS ON13ROAD94AY PAGE 5 Of 5 Page 181 PROFESSIONAL SERVICES AGREEMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this 21 st day of September, 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Malinda DeBry, on behalf of Malinda DeBry& The Boise River Band, an informally established organization ("Promoter"). WHEREAS,the City desires 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, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza("Event"); and WHEREAS,the Parties mutually desire to present, as part of Concerts on Broadway, the music of Malinda DeBry& The Boise River Band, a five-piece band specializing in the performance of folk music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Malinda DeBry& The Boise River Band shall perform for the public approximately seven (7) songs, from 7:00 p.m. to at least 7:30 p.m., on Saturday, September 25, 2021, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on September 25, 2021, and Malinda DeBry& The Boise River Band may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of five hundred dollars ($500.00). This payment shall constitute full compensation from City to Promoter and/or to the members of Malinda DeBry&The Boise River Band for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of Malinda DeBry& The Boise River Band shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT—MALINDA DEBRY,CONCERTS ON BROADWAY PAGE 1 of 5 page 182 Item#15. B. Cancellation. City may, in City's sole discretion, cancel the Event and/or Malinda DeBry&The Boise River Band's performance, for any reason, including, but not limited to, upon the order or advice of a governmental agency related to COVID-19 or other public health hazard. If City cancels the Event and/or Malinda DeBry&The Boise River Band's performance: 1. On or prior to 5:00 p.m. on September 18, 2021: This Agreement shall be void, and neither Promoter nor Malinda DeBry& The Boise River Band shall be entitled to payment or any other benefit hereunder. 2. Between 5:01 p.m. on September 18, 2021, and 1:00 p.m. on September 25, 2021: So long as Malinda DeBry& The Boise River Band is present and prepared to provide services set forth in this Agreement at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the Event, or any component thereof, is cancelled due to unforeseen events not caused by Promoter, Malinda DeBry& The Boise River Band, or the members thereof. C. Method of payment. Following the September 25, 2021 performance, Promoter shall provide City with an invoice for the amount of five hundred dollars ($500.00) for services provided, which City shall pay within thirty(30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III.VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open,public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Malinda DeBry& The Boise River Band members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Malinda DeBry& The Boise River Band shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Malinda DeBry& The Boise River Band's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Malinda DeBry& The Boise River Band shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to,policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Malinda DeBry&The Boise River Band shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City requests that twenty percent (20%) of any proceeds from merchandise sold at the Event be voluntarily donated to the Meridian Arts Commission. Promoter and Malinda DeBry& PROFESSIONAL SERVICES AGREEMENT—MALINDA DEBRY,CONCERTS ON BROADWAY PAGE 2 of 5 page 183 Item#15. The Boise River Band shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. IV.TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of Event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks &Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication,broadcast or dissemination. The band shall be listed as "Malinda DeBry& The Boise River Band" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Malinda DeBry& The Boise River Band under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents,volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Malinda DeBry& The Boise River Band, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Malinda DeBry& The Boise River Band acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of Malinda DeBry& The Boise River Band shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. PROFESSIONAL SERVICES AGREEMENT—MALINDA DEBRY,CONCERTS ON BROADWAY PAGE 3 of 5 page 184 Item#15. G. Relationship of Parties. Promoter and each member of Malinda DeBry& The Boise River Band is an independent contractor and is not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of Malinda DeBry& The Boise River Band and City or any official, agent, or employee of City. Promoter and Malinda DeBry& The Boise River Band shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of the Malinda DeBry& The Boise River Band shall comply with any and all applicable federal, state, and local laws. I. Non-Discrimination. Throughout the course of this Agreement,neither Promoter nor any member of Malinda DeBry& The Boise River Band shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice.Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: Malinda DeBry& The Boise River Band: City Clerk Malinda DeBry City of Meridian Address: 33 E. Broadway Avenue Meridian, Idaho 83642 PROFESSIONAL SERVICES AGREEMENT—MALINDA DEBRY,CONCERTS ON BROADWAY PAGE 4 of 5 page 185 0 Either party Alinay change its address for the pU rpose of this section by givi ng written notice of such change in the manner herein provided . Warranty of authority. The undersigned expressly warrants that , to the extent set forth herein , he is duly authorized to act as the representative and agent of Malinda DeBry & The Boise River Band and each and every member thereof.. The undersigned further warrants that he i* s authorized to bind Malinda DeBry & The Boise River Band and its members to the obligations set forth herein , and to accept the iabil ities as established herein on behalf of Malinda DeBry m The B oi se River Band and its members . Q . City Council approval required . The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement . Execution of this Agreement by the persons � referenced below prior to such rati fication or approval shall not be construed as proof of validity in the absence of Mel idian City Council aPI)r- oval . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above . PROMOTER : b J% Malinda DeBry i Malinda DeBry e Boi se er an CITY OF MERIDIAN : By . Attest : di Robert E . inu son ayor _ - S Johnson , City Clerk 9 - 21 - 2021 M 0SAL SERVICES AGREEMENT INDA DEBRY CONCERTS ON BROADWAY PAGE 5 of 5 low 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Termination and Release of Impact Fee Deferral Agreement Between City of Meridian and Ada County Highway District From 2020 Due to Cancellation of Project ADA COUNTY RECORDER Phil MCGrane 2022_043529 BOISE IDAHO Pgs=40 VICTORIA BAILEY 05/041F022 10:34 AM ADA COUNTY HIGHWAY DISTRICT NO FEE a ARer Recording-Re:um]"it: � steveg B.Price General Counsel Adz TI!,gh 2V Distriet 37715Adams..Sheet .._ 2—,r c 'U 9t-''r 4�3 t _._._.. ......._. _..-.. ._. 11 ERIMINA T ION AND RELEASE OF IMPACT FEE DEFERRAL AGRiI<:.FtKENT THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT("Termination")n") made this 21st day of SCPW11 +er 2€1 2 t by and between the Ada County Highway District, a body politic and corporate of the state of Idaho 4"AC."HD"); the. City of Meridian, an Idaho municipal corporation, ("the City"), I3VAS-B Ten NfielMedical.Office Building, EI.C:,an Idaho limited liability company C'Developer°"}. RE-QTAT,5 A. The Developer, ACTH D and the City have entered into the Impact Fee Assessment and Deferral Agrument dated the 17th day of Larch, 2020, and recorded April 15, 2020, as Trrstrument No, 2020-043939,regards of Ada County, Idaho(tire"Agreement"). Capitalized but undefined words shall have the same meaning,as set forth in the Agreement. 13. The Project,more particularly described in the Agreement has been terminated and the improvements contemplated in the Agreement have not been constructed on the Property C. The parities desire to release and terrrrinate the Impact.Fee Assessment and Referral Agreement as it relates to the Property. D. Any future development of the Property will require payment of the rNuired impact fees due associated with such project at the time of its construction. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreement set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Developer,AC HD and the City agree as follows: 1. TERMINATION AND RELEASE 1. The Impact Fee Assessment and Deferral Agreement dated the 171day of March, 2020, by the parties and recorded April 15, 2020, as Instrument No. 2020-043939,records of Ada County,Idaho,encumbering flay;real property described ibed herein in Exhibit A is hereby released and terminated. 2. This Termination may be executed in one or more counterparts and shall be recorded to evidence the termination of the hnpact Fee Assessment and Referral Agreement, TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL L AGREEMENT—I 4851-275a•8440,v.4 ACHD ADA COUNTY HIGHWAY DISTRICT By Commission President STATE OF IDAHO ] )ss. County of Ada ) On this 3 day ofl Gov 20_gj before me, a Notary Public, personally appeared , known or proved to me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set y d and affixed my official seal the day and year in this certificate first above written. .rry►►►►►►►►►►► (/VC.0 r SP �,•''' `t . .'P,.•y Notary Public p . rG�■�pTARr■.���,: Residing at �s 1 C05 • ;7° Comm. Expires_ uSust 13►2025 ! Carom.62051to `. i TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT-2 4853-2751-8440,v.4 DEVELOPER BVASS Ten Mile Medical Office Building,LLC, an Idaho limited liability company By: BV Management Services,Inc., an Idaho Corporation,the Executive Manager By: Liddiand,P ent Date: A ,rl ' 21 2,o Z--z- BVASB Ten Mile Medical Office Building,LLC, an Idaho limited liability company By: Brighton Corporation,an Idaho Corporation,the ecutive Manager BY Robert L. lli ,President Bete: -41 STATE OF IDAHO y }ss. County ofM On this any}day of -�!sZr1 � 2032,before me, a Notary Public, personally appeared Cortney Liddiard, known or proved to me to be the President of BV Management Services, Inc., an Idaho corporation, who subscribed said limited Iiability company name to the foregoing instrurnent,and acknowledged to me that he executed the within instnunent on behalf of BVASB Ten Mile �AeNcc., !iSi J w .LLE. l V"t IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. BRAZ'LOAF Notary Public COMMISSION NO.37M g F� NOTARY PUBLIC Residing at_ l� S� -- STATE OF i DAHO Comm.Expires �{-1 a [MY COMMISSION ]{Pti S 04112126 TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT--3 4853-2751-8440,v.4 STATE OF IDAHO } )ss. County of Ada } r On this 7.0' day of�' a 2U L, before me,a Notary Public, personally appeared Robert L. Phitlips, known or proved to me to be the President of Brighton Corporation, an Idaho corporation, an Executive Manager of BVASB Ten Mile 4 �Xcc g!g LLC, an Idaho limited liability company, who subscribed said limited liability compare name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of BVASB Ten We 1- 9(A ,LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above wai i. AG IRRY Notary Public MAA COAAMISS[�11525 Residing at Y NOTARY PUBLIC Comm.Expires 5 z3 STATE of IDAHO W COMMiSSM E*IREs Dare 51= TERMINATION AND RELEASE OF IMPACT FEE REFERRAL AGREEMENT—a 4W3-2751-8446,v.4 CITY Cit %ert . By: ison, Mayor 9-21 -2021 STATE OF IDAHO ) ss . County of Ada ) On this 21st day of September 20 21 , before me , a Notary Public , personally appeared Robert E. Simison , known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written . E ARLENE WAY p8 MISSION #67390 Notary Public NOTARY PUBLIC Residing at Meridian, Idaho STATE OF IDAHO MISSION EXPIRES 3R8/22 Comm . Expires 3 -21 -2022 I TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT — 5 4853-2751 -8440, v. 4 I Item#16. Exhibit A Legal Description of Property Exhibit A 2775 W.Navagator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O RRO C K S Tel: 208.895.2520 ks.com www.horroc -,11.11- ---- - E N G I N E E R S Date:June 7,2019 Project:ID-1579-1901 Page: 1 of 2 PARCEL E This parcel is a portion of Lots 5,6 and 7,Block 1 of the Final Plat of TM Crossing Subdivision, on file in Book 112,pages 16327 through 16330 and is situated in a portion of the S.W. '/4 of Section 14,Township 3 North,Range 1 West of the Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the northwest comer of said Lot 2;thence along the north boundary of said Lot 2, 1) S.89°11'34"E.,703.36 feet to the northeast corner of said Lot 2 and a point of curvature; thence along the east boundaries of Lots 2,3,4,5,6 and a portion of Lot 7 and a curve to the right, 2) Having an are length of 117.83 feet,a radius of 326.00 feet,through a central angle of 20°42'33"and a long chord which bears S.34° 13'55"E„ 117.19 feet to a point of compound curvature;thence along a curve to the right, 3) Having an are length of 315.38 feet,a radius of 731.00 feet,through a central angle of 24°43'10"and a long chord which bears S.11°31'04"E.,31294 feet;thence continuing, 4) S.00°50'32"W.,34.27 feet to the POINT OF BEGINNING;thence continuing, 5) S.00050'32"W.,98.96 feet to a point of curvature;thence along a curve to the left, 6) Having an arc length of 61.80 feet,a radius of 349.00 feet,through a central angle of 10'08'42"and a long chord which bears S.04°13'49"E.,61.71 feet;thence leaving said east boundaries, 7) N.89°1l'04"W.,211.16 feet;thence, 8) N.00033'50"E., 160.43 feet;thence, HAD-1579-1901-Food Pavilion TM Crossing/Project datal04 Survey/Legal Descriptions/REV Parcel E 060719 TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT—6 4853-2751-8440,v.4 Page 193 Item#16. Date:June 7,2019 Project:ID-1579-1901 Page:2 of 2 9) S.89°11'04"E.,206.48 feet to the POINT OF BEGINNING. CONTAINING 33,174 square feet(0.761 acres),more or less. HAD-1579-190 1-Food Pavilion TM Crossing/Project datal04 Survey/Legal Descriptions/REV Parcel E 060719 TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT—7 4853-2751-8440,v.4 Page 194 Item#16. Exhibit A 2775 W Navagator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O RR4 C K S Tel: 2(}8.895.2520 wwwhorrocks.cam �rrrr 111r11 E N G I N E F R S Date:June 7,2019 Project:ID-1579-1901 Page: 1 of 2 PARCEL F This parcel is a portion of Lots 7 and 8,Block 1 of the Final Plat of TM Crossing Subdivision,on file in Book 112,pages 16327 through 16330 and is situated in a portion of the S.W. t/4 of Section 14,Township 3 North,Range I West of the Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the northwest comer of said Lot 2;thence along the north boundary of said Lot 2, 1) S.89°11'34"E,,703.36 feet to the northeast corner of Lot 2 of said TM Crossing Subdivision and a point of curvature;thence along the east boundaries of Lots 2,3,4,5, 6,7 and Lot 8 and a curve to the right, 2) Having an are length of 117.83 feet,a radius of 326.00 feet,through a central angle of 20°42'33"and a long chord which bears S.34° 13'55"E., 117.19 feet to a point of compound curvature;thence along a curve to the right, 3) Having an are length of 315.39 feet,a radius of 731.00 feet,through a central angle of 24'43'10"and a long chord which bears S.1 I°31'04"E.,312.94 feet;thence continuing, 4) S.00°50'32"W., 133.22 feet to a point of curvature;thence along a curve to the left, 5) Having an arc length of 61.80 feet,a radius of 349.00 feet,through a central angle of 10'08'42"and a long chord which bears S.04°13'49"E.,61.71 feet to the POINT OF BEGINNING;thence continuing along a curve to the left, 6) Having an are length of 178.13 feet,a radius of 349.00 feet,through a central angle of 29'14'37"and a long chord which bears S23°55'29"E., 176.20 to the southeast corner of said Lot 8;thence leaving said east boundaries and along the south boundary of said lot 8 and a curve to the right, 7) Having an arc length of 129.53 feet,a radius of 169.00 feet,through a central angle of 43°54'54"and a long chord which bears S.68°51'33"W., 126.38 feet;thence continuing along said south boundary, H:IID-1579-1901 Food Pavilion TM Crossing/Project data�04 Survey/Legal DescriptionslRFV Parcel F 060719 TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT—8 4853-2751-8440,v.4 Page 195 Item#16. Date:June 7,2019 Project:ID-1579-1901 Page:2 of 2 8) N.89°11'04"W., 166.77 feet;thence leaving said south boundary, 9) N.00°33'50"E.,207.28 feet;thence, 10)5.89°11'04"E.,211.16 feet to the POINT OF BEGINNING. CONTAINING 49,998 square feet(1.148 acres),more or less. HAD-1579-1901 Food Pavilion TM Crossing/Project data/04 Survey/Legal Descriptions/REV Parcel F 060719 TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT—9 4853-2751-8440,v.4 Page 196 Item#16. Exhibit A 2775 W.Navagalor Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O RRO C K S Tel: 208.895.2520 www.horrocks.com 11-11- E N G I N E E R S Date:June 9,2016 Project:ID-1578-1901 Page: 1 of 2 PARCEL G This parcel is a portion of Lots 5,6,7 and 8,Block 1 of the Final Plat of TM Crossing Subdivision,on file in Book 112,pages 16327 through 16330 and is situated in a portion of the S.W. %4 of Section 14,Township 3 North,Range 1 West of the Boise Meridian,City of Meridian, Ada County,Idaho,more particularly described as follows: COMMENCING at the northwest comer of said Lot 2;thence along the west boundaries of Lots 2,3,4,5,and a portion of Lot 6, 1) S.00°33'50"W.,404.00 feet;thence, 2) S.04°03'37"E.,48.84 feet;thence, 3) S.01°30'08"E.,25.48 feet to the POINT OF BEGINNING;thence leaving said west boundaries. 4) S.89011'04"E.,349.42 feet;thence, 5) N.45°48'56"E.,51.43 feet;thence, 6) S.89°1 F04"E.,238.33 feet;thence, 7) S.00°33'50"W.,361.78 feet to the south boundary of said Lot 8;thence along said south boundary, 8) N.89°11'04"W.,423.85 feet to a point of curvature;thence along a curve to the left, 9) Having an arc length of 128.56 feet,a radius of 235.84 feet,through a central angle of 31°14'01"and a long chord which bears S.77°47'45"W., 126.98 feet to a point of reverse curvature;thence along a curve to the right, Date:June 7,2019 HAD 1579-1901 Food Pavilion TM Crossing/Project daW04 SurveylLegal Descriptions/REV Parcel G 060719 TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT—10 4853-2751-8440,v.4 Page 197 Item#16. Project:ID-1579-1901 Page:2 of 2 10)Having an arc length of 63.61 feet,a radius of 168.98 feet,through a central angle of 21'34'11"and a long chord which bears S.72"46'52"W.,63.23 feet;thence leaving said south boundary and along the west boundary of Lots 7,8 and a portion of Lot 6, 11)N.16-11'16"W., 11.40 feet;thence, 12)NO °30'08"W.,362.99 feet to the POINT OF BEGINNING. CONTAINING 214,203 square feet(4.917 acres),more or less. HAD 1579-1901 Food Pavilion TM Crossing/Proiect data/04 Survey/Legal Descriptions/REV Parcel G 060719 TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT—11 4853-2751-8440,v.4 Page 198 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 21-2283-A: An Amended Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2019 Comprehensive Plan for 80.7 Acres of Land Known as Wastewater Resource Recovery Facility, Generally Located Mile South of W. McMillan Road, Midway Between N. Black Cat Road and N. Ten Mile Road, in the North % of Section 34, Township 4 North, Range 1 West, Meridian, Idaho; to Update the Future Land Use Map Symbols and Associated Map Notes; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION No. 21-22 8 3-A BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2019 COMPREHENSIVE PLAN FOR 80.7 ACRES OF LAND KNOWN AS WASTEWATER RESOURCE RECOVERY FACILITY GENERALLY LOCATED 1/4 MILE SOUTH OF W.MCMILLAN ROAD,MIDWAY BETWEEN N. BLACK CAT ROAD AND N. TEN MILE ROAD, IN THE NORTH V, OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO; TO UPDATE THE FUTURE LAND USE MAP SYMBOLS AND ASSOCIATED MAP NOTES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in December in 2019 as resolution 19-2179; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2019 Comprehensive Plan for approximately 80.7 acres of land from Mixed Use Non- Residential to Medium Density Residential (40.9 acres) and to Industrial (39.8 acres). Said land is known as Wastewater Resource Recovery Facility and is generally located approximately 1/4 mile south of W. McMillan Road, midway between N. Black Cat Road and N. Ten Mile Road in the North 1/2 of Section 34, Township 3N, Range 1 W, Meridian, Idaho, Ada County; and WHEREAS,the Mayor and City Council have deemed to appropriate to amend the Future Land Use Map of the 2019 Comprehensive Plan to update depicted symbols for parks, emergency services, and school designations that reflect existing or pending facility improvements, and to update the associated future symbol map notes which describe the periodic update of these symbols; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings,and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. COMPREHENSIVE PLAN AMENDMENT-MAP—WASTEWATER RESOURCE RECOVERY FACILITY—H-2021-0041 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509,the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Future Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 21 st day of September 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 21st day of September 2021. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk COMPREHENSIVE PLAN AMENDMENT-MAP—WASTEWATER RESOURCE RECOVERY FACILITY—H-2021-0041 Page 2 of 2 EXHIBIT A Future Land Use Map-Adopted &Proposed Land Uses Date.715RO21 Adopted Land Uses a 5001,000 0 ©Feet - a Density Resrde !' 1 s. �_ n� 44 °' u� a ugfe Cilfi � Medium �. Denser Re sidenliq 1 ��u�� �IL Legend N �TMISAPBoundary Low Density Residential Medium Density Residential Mad-High Density Residential Q L_- High Density Residential - oommercial k 01flG8 - Industrial - D"i` Proposed Land Uses 01d Town Mixed Use Nelghborhooa [ �L rciai Mixed Use Cammunity na_! Ww LtensRy ` Mixed Use Regional � IIIei�lA R ��$� G a Rasidehiial�, , MkxeoUseNon-Residential _ - MixedUse-Interchange ' 4 :Dac t te I Low Density Employment - __ ! oitice - High Density Employment MixedEmployment s x r t r l T --. MU-Res MU-Com ,.d Civic -_ ® Lifestyle center _ xd r Medium DanslFy — Reside ritiai MU NR IT f } OL �• i �� Imo"%�fa � CPAM—Wastewater Resource Recovery Facility H-2021-0041 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report - August 2021 CITY of MERIDIAN FINANCE REPORT August 2021 - FY21 Report PAGE # Investment Graphs 2 Fund Balance 3 �I;ISIf it rII � � � IT 14 lTIE �sll iun_u_n_..... - �nTnTniuin�n�� nnnm Page 204 F:\Monthly Reports\Finance Reports\FY2021\FY21-11 Aug Council Report 1 of 3 Item#18. ��E IDIAN� As of August 31, 2021 [D A H O City of Meridian Investment Portfolio CITY OF MERIDIAN INVESTMENT PORTFOLIO YIELD BY INVESTMENTTYPE IDAHO STATE POOL IDAHO BOND FUND 1.39% CASH 0.00% FIB 0.17% ■FIB Moneymarket$1,647,562 ■Cash$2,669,514 MONEYMARKET n Idaho Bond Fund$71,294,485 ■Idaho State Pool$117,523,030 0 City of Meridian Interest/Investment Income City of Meridian Cash/I nvestments Balance by Major Fund by Major Fund $480,000 $120,000,000 $460,000 $100,000,000 $440,000 $80,000,000 $420,000 $60,000,000 $400,000 $40,000,000 $380,000 $20,000,000 $360,000 General Enterprise General Fund Enterprise Fund ■Total Budget ■Actual YFD ■FY21 ■FY20 Page 205 F:\Monthly Reports\Finance Reports\FY2021\FY21-11 Aug Council Report 2 of 3 is Item#18. C f1E IDIAN - 'oAHO August 2021-FY21 GENERAL FUND BALANCE ALLOCATIONS $100,000,000 $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 oil $10,000,000 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 M Nonspendable ®Restricted M Committed ■Assigned ■Unassigned ®Reserves ENTERPRISE FUND BALANCE ALLOCATIONS $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 ®Assigned ■Unassigned ■Reserves Page 206 F:\Monthly Reports\Finance Reports\FY2021\FY21-11 Aug Council Report 3 of 3 Fund Balance Item#19. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fire Department: Fiscal Year 2022 Budget Amendment in the Amount of $127,670.00 for Over-Hire of One Firefighter Position Page 207 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Meridian Fire Meeting Date: September 21, 2021 Presenter: Fire Chief Kris Blume Estimated Time: 5 minutes Topic: Over-hire for one Firefighter Recommended Council Action: Requesting budget amendment to hire an additional firefighter for vacancy that resulted from an unexpected 18 month military deployment of one member. Budget amendment does not increase cost to City as deployed member will not incur expenses to the City while deployed. Background: [Provide context and reasoning for the recommendation] F ao�Z a„s,zun 2:20 PM City of Meridian udget Amendment Form Personnel Costs Full Time Equivalent(FTE): 1.0 Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN:--- 01 2011 41200 0 Wages $ 73,211 01 2011 41206 0 PT/Seasonal Wages 01 2011 41210 0 Overtime $ 6,034 Please only complete the fields highlighted 01 2011 41304 0 Uniform Allowance 01 2011 42021 0 FICA $ 6,062 Amendment Details 01 2011 1 42022 1 0 PERSI $ 9,731 Title: Fire Fighter 01 1 2011 1 42023 1 0 Worker's Comp $ 1,585 "tment Name: Fire 01 1 2011 1 42025 1 0 JEmployee insurance $ 16,656 Presenting Department Name: Fire Total Personnel Costs $ 113,280 Department#: 2011 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 2210 51300 0 Office Supplies $ 50 $ 50 Project M 01 2010 51400 0 Copier Expense $ 10 $ 10 01 2211 52013 0 Employee Recognition and Coffee $ 60 $ 60 Is this for an Emergency? ❑ Yes 2 No 01 2210 52300 0 Clothing $ 3,000 $ 800 $ 3,800 New Level of Service? ❑ Yes 2 No 01 2210 52301 0 SCBA Equipment $ 2,000 $ 425 $ 2,425 01 2210 54000 0 Equipment $ 200 $ 200 Clerks Office Stamp 01 2210 54104 0 Turnout Equipment $ 4,000 $ 1,500 $ 5,500 01 2210 54130 0 Furniture and Furnishings $ - 01 2210 55301 0 Preventative Health $ 430 $ 430 01 2210 55410 0 Background/Employement Testing $ 865 $ 865 01 2250 57200 0 Seminar/Training $ 250 $ 250 01 2250 57202 0 Travel-Transportation $ 250 $ 250 01 2250 57203 0 Travel-Lodging $ 250 $ 250 Date of Council Approval 9-21-2021 01 2250 57204 0 Travel-Per Diem $ 250 $ 250 01 2210 60101 0 Dues,Licenses,Publications $ 25 $ 25 01 2210 69400 0 Holiday Expense $ 15 $ 15 01 1840 69900 0 lCity Summer Picnic $ 10 $ 10 Total Operating Expenditures $ 9,865 $ 4,525 $ 14,390 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 01 2010 0 01 2011 0 ,Z1 01 2011 0 Dep ent Director 01 2011 0 01 2011 0 I Cl 1-5 01 2011 0 Chief Financial Officer Revenue/Donations Total Capital Outlay $ Approved Liz Strader 9:49 a.m. 9/14/2021 Fund# Dept.# G/L# Proj.# G/L#Description Total Cou . ison 01 2011 0 01 2011 J 0 9-15-21 01 2011 1 0 Mayor Total Revenue/Donations $ Total Amendment Request $ 127,670 City of Meridian FY2020 Budget Amendment Form C:\Users\kblume\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\66W19GMD\FY22 FF overhire Item#19. 2:20 PM City of Meridian F"n Y2021 -Budget Amendment Form Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Fire Funding 2022 2023 2024 2025 2026 Title: Fire Fighter Personnel $ 113,280 $ 113,280 $ 113,280 $ 113,280 $ 113,280 Instructions for Submitting Budget Amendments: Operating $ 14,390 $ 4,525 $ 4,525 $ 4,525 $ 4,525 >Department will send Amendment with Directors signature to Finance(Budget Analyst)for review Capital $ - >Finance will send Amendment to council Liaison for signature Total $ - $ 127,670 $ 117,805 $ 117,805 $ 117,805 $ 117,805 >council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 598,889 >Mayor will send signed Amendment to Finance(Budget Analyst) Evaluation Questions >Finance(Budget Analyst)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. > Department will add co of Amendment to Council p copy Agenda using Novus Agenda Manager 1. Describe what is being requested? 1 Due to an 18 month military deployment,an engineer with the Meridian Fire Department will be off roster.This vacancy will incure significant overtime staffing over the next 18 months.As such,the MFD is requesting the ability to overhire a single probationary firefighter to fill the vacancy.This new hire will not result in an increase in cost,but rather, reduce the cost directly related to overtime.Additionally,this hire will reduce the need to hire one less firefighter for stations 7 and 8 when they are on line. 2. Why was this budget request not submitted during the current fiscal year budget cycle? The military deployement was not known until September 8th 2021. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? The overtime and staffing needs would only refelct a benefit from October 2022 through December 2022,versus the entire 18 month period. L - 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and f sources of anticipated additional revenue that will result from approval of this request. General Fund.Considering the individual that is being hired will be an entry level firefighter,there will be no additional costs associated with the overhire.The individual on Military leave will not be incuring any expense to the City of Meridian. 5.Does this request align with the Depart me nt/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes. L6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. Yes.Human resources for facilitating the on-boarding process. - — - 7.Does this Amendment include any needed Equipment or Software that will utilize the Ci 's network? Yes or No 8.Is the amendment going to result in the disposal of an asset? Yes or No _ 9.Any additional comments? Total Amendment Request $ 127,670 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. Page 210 City of Meridian FY2020 Budget Amendment Form C:\Users\kblume\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\66W19GMD\FY22 FF overhire Item#20. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: South Meridian Neighborhood Bicycle and Pedestrian Plan Update Presentation by Edinson Bautista of Ada County Highway District Page 211 Item#20. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Agenda Topic on the City Council Agenda From: Miranda Carson, Coordination Planner Meeting Date: September 7, 2021 Presenter: Edinson Bautista,ACHD Project Manager Estimated Time: 20 minutes Topic: ACHD - South Meridian Neighborhood Bicycle and Pedestrian Plan Update ACHD kicked off the South Meridian Neighborhood Bicycle and Pedestrian Plan in December, and introduced the plan to the City Council in January.The ACHD project manager Edinson Bautista will present an update to the project. The purpose of the plan is to enhance pedestrian and bicycle connectivity in the South Meridian area through analysis of existing conditions and through public engagement. The boundaries of project follows the City of Meridian's city limits south of I-84, approximately I-84 to the north, Lake Hazel Road to the south, McDermott Road to the west, and extending just west of Cloverdale Road to the east. Page 212 Item#20. SOUTH MERIDIAN SOUTH MERIDIAN NEIGHBORHOOD lt6ov/rced BwEOEsrRANPFti Draft Bicycle & Pedestrian Plan EXECUTIVE SUMMARY The purpose of the South Meridian Neighborhood Bicycle and Pedestrian Plan is to identify community priorities for future bicycle and pedestrian projects within the planning area. Projects identified in this plan promote safe, effective, and convenient walking and biking facilities for • - Publicinput Recommended Improvements School Outreach Local students' barriers to walking and biking: 1. Complete planned low-stress bikeways. 1. Too far to walk/bike 2. No sidewalk along route to school 2. Connect gaps in existing sidewalk 3. Feel unsafe crossing streets facilities along local and collector Project Prioritization Survey roadways. Top priority projects from the public for each 3. Develop pathways that accommodate category: pedestrians and bicycles along - Install signage and pavement markings arterial roadways. along Amity-Lake Hazel Bikeway from Amity Road to Eagle Road 4. Install enhanced pedestrian/bike - Connect gaps between existing sidewalk crossings along bikeways, near parks, on both sides of Rumpel Lane from and schools pending approved traffic Meridian Road to end of Windstone Ave. analysis. - Install enhanced pedestrian and bicycle crossing at intersection of Locust Grove Road and Wrightwood Drive Existing ConditionsRecommended Need Analysis PubliclInput 31 ReviewImprovements m EXECUTIVE SUMMARY Page213 Item#20. SOUTH MERIDIAN SOUTH MERIDIAN NEIGHBORHOOD Draft Bicycle & Pedestrian Plan Table 4-1. Recommended Projects Bicycle Projects Project ID Project Name Description Priority Accolade-Overland Bikeway,Accolade Avenue/ Install signage and pavement markings along B1 Overland Road Accolade-Overland Bikeway from Accolade Avenue High to Overland Road B2 Amity-Lake Hazel Bikeway,Amity Road / Eagle Install signage and pavement markings along Amity- Medium Road Lake Hazel Bikeway from Amity Road to Eagle Road Amity-Lake Hazel Bikeway, Eagle Road /Amity Install signage and pavement markings along Amity- B3 Road &Staaten Avenue Lake Hazel bikeway from Eagle Road to Amity Road High to the north and Staaten Avenue to the east Install signage and pavement markings along Amity- B4 Amity-Nickel Creek Bikeway,Amity Road / Nickel Nickel Creek Bikeway from Amity Road to northern Low Creek Place terminus of Nickel Creek Place Install signage and pavement markings along Black B5 Black Cat Bikeway, Black Cat Road / Legacy Lane Cat Bikeway starting at Black Cat Road to eastern Low terminus of Legacy Lane Central Meridian Bikeway, Rumpel Lane/Victory Install signage and pavement markings along B6 Road Central Meridian Bikeway from Rumpel Lane to Medium Victory Road Install signage and pavement markings along B7 Central Meridian Bikeway,Victory Road / Central Meridian Bikeway from Victory Road to Medium Calderwood Drive Calderwood Drive B8 Eagle Road, Hubbard Road /Columbia Road Install signage and pavement markings along Eagle Low Road from Hubbard Road to Columbia Road Install signage and pavement markings along Easy B9 Easy Jet-Victory Bikeway,Victory Road / Easy Jet Jet-Victory Bikeway from Victory Road to Easy Jet High Drive Drive Hollandale-Targee Bikeway, Locust Grove Road / Install signage and pavement markings along B10 Eagle Road Hollandale-Targee Bikeway from Locust Grove Road High to Eagle Road. IFYWP 2021-2025. Hollandale-Targee Bikeway, Eagle Road /Goshen Install signage and pavement markings along B11 Wa Hollandale-Targee Bikeway from Eagle Road to Medium y Goshen Way. IFYWP 2021-2025. Lake Hazel-Stockenham Bikeway, Lake Hazel Road Install signage and pavement markings along Lake B12 /Stockenham Way Hazel-Stockenham Bikeway from Lake Hazel Road to High Stockenham Way B13 Lamont Road, Black Cat Road /Ten Mile Road Install marked or buffered bike lanes along Lamont Low Road between Black Cat Road and Ten Mile Road Linder-Locust Grove Bikeway,Victory Road / Install signage and pavement markings along B14 Meridian Road Linder-Locust Grove Bikeway from Victory Road to Medium Meridian Road Linder-Locust Grove Bikeway, Meridian Road / Install signage and pavement markings along B15 Locust Grove Road Linder-Locust Grove Bikeway from Meridian Road to Medium Locust Grove Road B16 Nova Lane, Lamont Road /Silver Terrace Road Install marked or buffered bike lanes along Nova Low Lane from Lamont Road to Silver Terrace Road Install marked or buffered bike lanes along B17 Overland Road, McDermott Road / Black Cat Road Overland Road from McDermott Road to Black Cat Low Road Reutzel-Seneca-Bienapfl Bikeway, Locust Grove Install signage and pavement markings along B18 Road / Eagle Road Reutzel-Seneca-Bienapfl Bikeway from Locust Grove High Road to Eagle Road Reutzel-Seneca-Bienapfl Bikeway, Eagle Road / Install signage and pavement markings along B19 Cloverdale Road Reutzel-Seneca-Bienapfl Bikeway from Eagle Road to Medium Cloverdale Road Install marked or buffered bike lanes along B20 Ridgewood Road, Lake Hazel Road /Amity Road Ridgewood Road from Lake Hazel Road to Amity Low Road Install signage and pavement markings along Rome- B21 Rome-Victory Bikeway, Rome Drive Hero Drive Victory Bikeway from Rome Drive to Hero Drive High RECOMMENDED PROJECTS Item#20. SOUTH MERIDIAN SOUTH MERIDIAN NEIGHBORHOOD 111k6ov/raed B1w� EOES RANP.N Draft Bicycle & Pedestrian Plan Project Project Name Description ID Silverstone Bikeway, Hollandale Drive/Overland Install signage and pavement markings along B22 Road Silverstone Bikeway from Hollandale Drive to High Overland Road Install enhanced bike facilities in conjunction with B23 Stoddard Road,Victory Road /Overland Road pedestrian facilities along Stoddard Road from High Victory Road to Overland Road. IFYWP 2021-2025. Victory-Overland Bikeway, Spanish Fork Way/ Linder Install signage and pavement markings along B24 Road Victory-Overland Bikeway from Spanish Fork Way to Medium Linder Road Install signage and pavement markings along B25 Victory-Overland Bikeway, Linder Road/ Meridian Victory-Overland Bikeway from Linder Road to High Road Meridian Road Victory-Overland Bikeway, Meridian Road / East 5th Install signage and pavement markings along B26 WayVictory-Overland Bikeway from Meridian Road to Medium East 5th Way Id pir a Wr . . S1 Eagle Road, Hubbard Road /Columbia Road Install sidewalk on both sides of Eagle Road from Medium Hubbard Road to Columbia Road Install sidewalk on south side of Harris Street S2 Harris Street, Bloomington Drive/ Meridian Road starting west of Bloomington Drive to Meridian High Road, connecting to existing sidewalk S3 Lamont Road, Black Cat Road /Ten Mile Road Install sidewalk on both sides of Lamont Road from Medium Black Cat Road to Ten Mile Road S4 Montague Way, Amity Road /Santo Stefano Drive Install sidewalk on east side of Montague Way from High Amity Road to Santo Stefano Drive Install sidewalk on both sides of Nickel Creek Place S5 Nickel Creek Place,Amity Road / northern terminus north of Amity Road from Amity Road to the Low northern terminus of Nickel Creek Place, connecting to existing sidewalk on west side S6 Nova Lane, Lamont Road /Silver Terrace Road Install sidewalk on both sides of Nova Lane from Low Lamont Road to Silver Terrace Road S7 Overland Road, McDermott Road / Black Cat Road Install sidewalk on both sides of Overland Road Medium from McDermott Road to Black Cat Road Connect gaps from existing sidewalk on both sides S8 Rumpel Lane, Meridian Road /Windstone Avenue of Rumpel Lane from Meridian Road to end of Medium Windstone Avenue Install enhanced pedestrian and bicycle crossing at C1 Amity Road and Margaret Avenue the intersection of Amity Road and Margaret Avenue Medium at Mary McPherson Elementary School C2 Amity Road and Marsala Way Install enhanced pedestrian and bicycle crossing at Medium the intersection of Amity Road and Marsala Way Install crosswalk pavement markings, signage and C3 Capulet Way and Sierra Elementary School Pathway curb ramps at intersection of Capulet Way and Medium Sierra Elementary School pathway, located northwest of the school C4 Eagle Road and Easy Jet Drive Install bicycle pushbuttons in medians along Easy Jet High Drive at the signalized intersection with Eagle Road Install enhanced pedestrian and bicycle crossing on C5 Lake Hazel Road and Discovery Park Lake Hazel Road, between Locust Grove Road and Medium Eagle Road, providing access to Discovery Park Install enhanced pedestrian and bicycle crossing at C6 Linder Road and American Fork Drive the intersection of Linder Road and American Fork Low Drive RECOMMENDED PROJECTS Item#20. SOUTH MERIDIAN SOUTH MERIDIAN NEIGHBORHOOD Draft Bicycle & Pedestrian Plan Install enhanced pedestrian and bicycle crossing on Locust Grove Road, between Amity Road and Victory C7 Locust Grove Road and Palermo Drive Road between Tuscany and Green Valley High neighborhoods near Palermo Drive. IFYWP 2021- 2025. Install enhanced pedestrian and bicycle crossing at C8 Locust Grove Road and Wrightwood Drive intersection of Locust Grove Road and Wrightwood High Drive Install enhanced pedestrian and bicycle crossing at C9 Stockenham Way and Rockhampton Street intersection of Stockenham Way and Rockhampton Medium Street Install crosswalk pavement markings and signage at C10 Taconic Drive and Ten Mile Creek Pathway intersection of Taconic Drive and Ten Mile Creek Low Pathway,just east of Eagle Road Install enhanced pedestrian and bicycle crossing at C11 Victory Road and Standing Timber Avenue the intersection of Victory Road and Standing Medium Timber Avenue Install enhanced pedestrian and bicycle crossing at C12 Victory Road and Stoddard Road the intersection of Victory Road and Stoddard Road. Low I FYWP 2021-2025. Arterial Projects Project ID Project Name Description Priority Install enhanced bike facilities in conjunction with Al Amity Road, McDermott Road / Black Cat Road pedestrian facilities along Amity Road from TBD McDermott Road to Black Cat Road Install enhanced bike facilities in conjunction with A2 Amity Road, Black Cat Road /Ten Mile Road pedestrian facilities along Amity Road from Black Cat TBD Road to Ten Mile Road Install enhanced bike facilities in conjunction with A3 Amity Road,Ten Mile Road / Linder Road pedestrian facilities along Amity Road from Ten Mile TBD Road to Linder Road Install enhanced bike facilities in conjunction with A4 Amity Road, Linder Road / Meridian Road pedestrian facilities along Amity Road from Linder TBD Road to Meridian Road Install enhanced bike facilities in conjunction with A5 Amity Road, Meridian Road / Locust Grove Road pedestrian facilities along Amity Road from Meridian TBD Road to Locust Grove Road Install enhanced bike facilities in conjunction with A6 Amity Road, Locust Grove Road / Eagle Road pedestrian facilities along Amity Road from Locust TBD Grove Road to Eagle Road Install enhanced bike facilities in conjunction with A7 Amity Road, Eagle Road /Cloverdale Road pedestrian facilities along Amity Road from Eagle TBD Road to Cloverdale Road Install enhanced bike facilities in conjunction with A8 Black Cat Road, Lake Hazel Road /Amity Road pedestrian facilities along Black Cat Road from Lake TBD Hazel Road to Amity Road Install enhanced bike facilities in conjunction with A9 Black Cat Road,Amity Road /Victory Road pedestrian facilities along Black Cat Road from Amity TBD Road to Victory Road Install enhanced bike facilities in conjunction with A10 Black Cat Road,Victory Road /Overland Road pedestrian facilities along Black Cat Road from TBD Victory Road to Overland Road Install enhanced bike facilities in conjunction with Al 1 Black Cat Road, Overland Road / 1-84 pedestrian facilities along Black Cat Road from TBD Overland Road to I-84 Install enhanced bike facilities in conjunction with Al2 Columbia Road, Meridian Road / Locust Grove Road pedestrian facilities along Columbia Road from TBD Meridian Road to Locust Grove Road Install enhanced bike facilities in conjunction with A13 Columbia Road, Locust Grove Road / Eagle Road pedestrian facilities along Columbia Road from TBD Locust Grove Road to Eagle Road Install enhanced bike facilities in conjunction with A14 Columbia Road, Eagle Road /Cloverdale Road pedestrian facilities along Columbia Road from Eagle TBD Road to Cloverdale Road RECOMMENDED PROJECTS Item#20. SOUTH MERIDIAN SOUTH MERIDIAN NEIGHBORHOOD =1--d Draft Bicycle & Pedestrian Plan Project ID Project Name Description Priority Install enhanced bike facilities in conjunction with A15 Eagle Road, Columbia Road / Lake Hazel Road pedestrian facilities along Eagle Road from Columbia TBD Road to Lake Hazel Road Install enhanced bike facilities in conjunction with A16 Eagle Road, Lake Hazel Road /Amity Road pedestrian facilities along Eagle Road from Lake TBD Hazel Road to Amity Road. IFYWP 2021-2025. A17 Eagle Road,Victory Road /Overland Road Install enhanced bike facilities along Eagle Road TBD from Victory Road to Overland Road Install enhanced bike facilities in conjunction with A18 Eagle Road, Overland Road / 1-84 pedestrian facilities along Eagle Road from Overland TBD Road to 1-84 Install enhanced bike facilities in conjunction with A19 Lake Hazel Road, McDermott Road / Black Cat Road pedestrian facilities along Lake Hazel Road from TBD McDermott Road to Black Cat Road Install enhanced bike facilities in conjunction with A20 Lake Hazel Road, Black Cat Road /Ten Mile Road pedestrian facilities along Lake Hazel Road from TBD Black Cat Road to Ten Mile Road Install enhanced bike facilities in conjunction with A21 Lake Hazel Road,Ten Mile Road / Linder Road pedestrian facilities along Lake Hazel Road from Ten TBD Mile Road to Linder Road Install enhanced bike facilities in conjunction with A22 Lake Hazel Road, Linder Road/ Meridian Road pedestrian facilities along Lake Hazel Road from TBD Linder Road to Meridian Road Lake Hazel Road, Meridian Road / Locust Grove Install enhanced bike facilities in conjunction with A23 Road pedestrian facilities along Lake Hazel Road from TBD Meridian Road to Locust Grove Road Install enhanced bike facilities in conjunction with A24 Lake Hazel Road, Locust Grove Road / Eagle Road pedestrian facilities along Lake Hazel Road from TBD Locust Grove Road to Eagle Road Install enhanced bike facilities in conjunction with A25 Lake Hazel Road, Eagle Road /Cloverdale Road pedestrian facilities along Lake Hazel Road from TBD Eagle Road to Cloverdale Road. IFYWP 2021-2025. Install enhanced bike facilities in conjunction with A26 Linder Road, Lake Hazel Road /Amity Road pedestrian facilities along Linder Road from Lake TBD Hazel Road to Amity Road Install enhanced bike facilities in conjunction with A27 Linder Road,Amity Road /Victory Road pedestrian facilities along Linder Road from Amity TBD Road to Victory Road Install enhanced bike facilities in conjunction with A28 Linder Road,Victory Road /Overland Road pedestrian facilities along Linder Road from Victory TBD Road to Overland Road Install enhanced bike facilities in conjunction with A29 Linder Road, Overland Road / 1-84 pedestrian facilities along Linder Road from TBD Overland Road to 1-84 Locust Grove Road, Columbia Road / Lake Hazel Install enhanced bike facilities in conjunction with A30 Road pedestrian facilities along Locust Grove Road from TBD Columbia Road to Lake Hazel Road Install enhanced bike facilities in conjunction with A31 Locust Grove Road, Lake Hazel Road /Amity Road pedestrian facilities along Locust Grove Road from TBD Lake Hazel Road to Amity Road Install enhanced bike facilities in conjunction with A32 Locust Grove Road,Amity Road /Victory Road pedestrian facilities along Locust Grove Road from TBD Amity Road to Victory Road Install enhanced bike facilities in conjunction with A33 McDermott Road, Lake Hazel Road /Amity Road pedestrian facilities along McDermott Road from TBD Lake Hazel Road to Amity Road Install enhanced bike facilities in conjunction with A34 McDermott Road,Amity Road /Victory Road pedestrian facilities along McDermott Road from TBD Amity Road to Victory Road Install enhanced bike facilities in conjunction with A35 McDermott Road,Victory Road /Overland Road pedestrian facilities along McDermott Road from TBD Victory Road to Overland Road Install enhanced bike facilities in conjunction with A36 McDermott Road, Overland Road / 1-84 pedestrian facilities along McDermott Road from TBD Overland Road to 1-84 RECOMMENDED PROJECTS Item#20. SOUTH MERIDIAN SOUTH MERIDIAN NEIGHBORHOOD =1--d Draft Bicycle & Pedestrian Plan Project ID Project Name Description Priority Install enhanced bike facilities in conjunction with A37 Overland Road,Ten Mile Road / Linder Road pedestrian facilities along Overland Road from Ten TBD Mile Road to Linder Road Install enhanced bike facilities in conjunction with A38 Overland Road, Linder Road / Meridian Road pedestrian facilities along Overland Road from TBD Linder Road to Meridian Road Install enhanced bike facilities in conjunction with A39 Overland Road, Meridian Road / Locust Grove Road pedestrian facilities along Overland Road from TBD Meridian Road to Locust Grove Road Install enhanced bike facilities in conjunction with A40 Overland Road, Locust Grove Road to Eagle Road pedestrian facilities along Overland Road from TBD Locust Grove Road to Eagle Road Install enhanced bike facilities in conjunction with A41 Overland Road, Eagle Road to Cloverdale Road pedestrian facilities along Overland Road from Eagle TBD Road to Cloverdale Road Install enhanced bike facilities in conjunction with A42 Ten Mile Road, Lake Hazel Road /Amity Road pedestrian facilities along Ten Mile Road from Lake TBD Hazel Road to Amity Road Install enhanced bike facilities in conjunction with A43 Ten Mile Road,Amity Road /Victory Road pedestrian facilities along Ten Mile Road from Amity TBD Road to Victory Road Install enhanced bike facilities in conjunction with A44 Victory Road, McDermott Road / Black Cat Road pedestrian facilities along Victory Road from TBD McDermott Road to Black Cat Road Install enhanced bike facilities in conjunction with A45 Victory Road, Black Cat Road /Ten Mile Road pedestrian facilities along Victory Road from Black TBD Cat Road to Ten Mile Road Install enhanced bike facilities in conjunction with A46 Victory Road,Ten Mile Road / Linder Road pedestrian facilities along Victory Road from Ten TBD Mile Road to Linder Road Install enhanced bike facilities in conjunction with A47 Victory Road, Linder Road / Ridenbaugh Canal pedestrian facilities along Victory Road from Linder TBD Road to Ridenbaugh Canal Install enhanced bike facilities in conjunction with A48 Victory Road, Meridian Road / Locust Grove Road pedestrian facilities along Victory Road from TBD Meridian Road to Locust Grove Road. IFYWP 2021- 2025. Install enhanced bike facilities in conjunction with A49 Victory Road, Locust Grove Road / Eagle Road pedestrian facilities along Victory Road from Locust TBD Grove Road to Eagle Road. IFYWP 2021-2025. Install enhanced bike facilities in conjunction with A50 Victory Road, Eagle Road /Cloverdale Road pedestrian facilities along Victory Road from Eagle TBD Road to Cloverdale Road. IFYWP 2021-2025. RECOMMENDED PROJECTS Item#20. SOUTH MERIDIAN SOUTH MERIDIAN NEIGHBORHOOD Draft Bicycle & Pedestrian Plan ���'Off ��' r*V,,. CHD SOUTH MERIDIAN All ei�libQ/th"d A38, Az} �� �p\ �q A1& 31CYCLE Cyr PEDESTRIAN PLAN ■39, \40 I �, A4� �Overlagd Rd ,, Bear Creek --r Gordon) I Recommended Bicycle Parka —ice Harris Park i Al _ &Arterial Projects A28 —y LEGEND victory Rd \ 'o RECOMMENDED A44 ..b 4 ...J,._..A45,.:: ...t. _ :. .. .. �.. ::A46� :. C A4 -,` ._ l ,A48 �._ A49- A10 Signage& Pavement Qi f `1 J ,. ----- Marking Improvements Bike Lanes Renaissance v UA9 I A43 Az , --�.� ' '� Park Enhanced Bike Facility .ti I `-`�. `--> Enhanced Bike Facility& u Pedestrian Improvements Ami Rd Al 2� A A } I Bicycle Project , Arterial Project n \ 1�` ;. A33> _ A8 A4 A26 A3, A,6 �' EXISTING c � ; l Bikeway 'a Rectangular Rapid Lake H el Rd c J m Flashing Beacon 19 0 29 2 „A2� ... \,A24� I A25 Pedestrian Hybrid Beacon l_ +J Traffic Signal u : o \ + \ � � School Flasher AM A> '' Discovery z DESTINATIONS Park Entertainment 0 School Colun bia Rd - ,3 = ";ice �: _A14 Hospital OAVA Library J Community 0 Shop Hubbard Rd \` Parks 01 0 Miles 1 Figure 4-1. Recommended Bicycle&Arterial Projects Page 219 Item#20. SOUTH MERIDIAN SOUTH MERIDIAN NEIGHBORHOOD lt6ov/rced BwEOESR'ANPAy Draft Bicycle & Pedestrian Plan lot CHD SOUTH MERIDIAN wood Overland Rd m� s1 - BICYCLE PEDESTRIAN PLAN '- _ � Recommended Sidewalk ` & Crossing Projects tl+ I Bear Creek Gordon LEGEND P :ram oC yarns Park• ark ' v RECOMMENDED p I 'VictoryRd - Sidewalk -----L Sidewalk Project g Crossing Project Kenaissdnce'- - L U _3 Park > EXISTING m J - Rectangular Rapid m Amity Rd Flashing Beacon Pedestrian Hybrid Beacon m ba r r 0 Traffic Signal J% ' W School Flasher CU =c DESTINATIONS Lake Hazel Rd40 J Entertainment School Hospital Library o \ -N Community Shop Q Discovery \����� Pa r k s Park 3 4 Columbia Rd 51) /Hubbard Rd FN0 Miles 1 Figure 4-2. Recommended Sidewalk& Crossing Projects Page 220 Item#21. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: COMPASS Fiscal Impact Tool Presentation by Carl Miller Page 221 TtschlerBise FISCAL I ECONOMIC I PLANNING 1315 W Fort St Meridian, ID 83702 301.320.6900 1 www.tischierbise.com MEMORANDUM TO: Brian McClure, City of Meridian Caleb Hood, City of Meridian FROM: Colin McAweeney,TischlerBise Carl Miller, Compass DATE: February 22, 2021 RE: Revenue and Expenditure Factors for the Fiscal Impact Tool Phase II This memo aims to illustrate and detail the revenue and expenditure assumptions that will be constructed in the COMPASS Phase II Fiscal Impact Tool (FIT). The assumptions have been formed with the City's budget, capital plans, and takeaways from meetings with staff along with the professional expertise at TischlerBise and COMPASS.The FIT will estimate the fiscal impact of growth scenarios based on the budget assumptions and the land use profiles which were detailed in a previous memo. The memo includes the City's General Fund and Special Revenue and Capital Funds that are considered to be impacted by growth. The funds that are not assumed to grow with growth are excluded from the analysis. Furthermore, Enterprise Funds are not included in the analysis. Enterprise Funds and the services that are provided through them operate similar to a business and only operate with the revenues they generate. Thus, revenues will cover all costs, so if included in the analysis there would be a net neutral impact by growth.This would muddy the waters since revenues and expenditures would be unnecessarily high. Lastly, the service areas (North, Central, South) for the City of Meridian are mapped at the end of the memo. Tischl reschl Bise 1 FISCAL I ECONOMIC I PLANNING BUDGET ASSUMPTIONS FOR FISCAL IMPACT TOOL PHASE II Community Planning Association of Southwest Idaho(COMPASS) Revenue Assumptions In the following figures,the revenues into the City's General Fund are listed along with if it is impacted by growth and, if so,the demand factor which will be used to estimate the increase in the revenue from the scenario inputted into the FIT.Any special revenues and capital revenues that are assumed to be impacted by growth are listed below as well. In the case that a revenue is assumed to generally grow as the City's population and jobs grow the Pop & Jobs demand factor is used. For example,the gas franchise fees are assumed to grow with residential and nonresidential demand. There are revenues that are assumed to grow with just residential or nonresidential development. For example, sales tax revenue from the State of Idaho is distributed to communities based on population. Lastly, there are some revenues that are better captured when a more detailed calculation is included in the analysis. For example, property tax revenue is calculated based the property tax rate and the assessed value of the development program that has been inputted into the FIT. Building permit fees and similar revenues(i.e.,impact fees)will be calculated based on the current development fee schedule for the City. This is signaled in the figure as being directly entered. In most cases, additional revenue from the growth scenario will be continuous. However, there are cases (i.e., building permit fees) where the revenue will only be a one-time positive to the net fiscal impact results. Figure 1. General Fund Revenue Methodology Assumptions ImpactedRevenue Revenue Category Name IG I Factor Taxes General Property Tax Yes Assessed Value Licenses & Permits Liquor License No None MiscLicenses/Permits Yes Direct Entry Building Permits (Residential) Yes Direct Entry Plumbing Permits Yes Direct Entry Mechanical Permits Yes Direct Entry Electrical Permits Yes Direct Entry Fire Inspection & Permit Fees Yes Direct Entry Building Permits (Multifamily) Yes Direct Entry Building Permits (Commercial) Yes Direct Entry Flood Plain Permit Yes Direct Entry Dog License Yes Population Intergovernmental State Revenue Sharing Yes Population State Liquor Apportionment Yes Population Rural Fire&Misc No None Meridian Downtown Development No None Tischl re Base 2 FISCAL I ECONOMIC I PLANNING BUDGET ASSUMPTIONS FOR FISCAL IMPACT TOOL PHASE II Community Planning Association of Southwest Idaho(COMPASS) Figure 2. General Fund Revenue Methodology Assumptions cont. Revenue Revenue Impacted by Demand Category Name G Factor Franchise Fees Gas Franchise Yes Pop&Jobs Cable TV Franchise No None Electricity Franchise Yes Pop&Jobs Fines & Forfeitures Court Yes Pop&Jobs Fines &Forfeit Yes Pop&Jobs Charges for Services Passports Yes Population Rental Income Yes Population Fi I i ng Fees Yes Pop&Jobs Rental Income Yes Population School Resource Yes Population Recreation Class Yes Population Community Event Yes Population Sports Yes Population Contract Service Yes Population Rental Income Yes Population Parks Reservation Fees Yes Population Reimbursement Revenues No None Park Reservations Fee Yes Population Department Service Fee Yes Pop&Jobs Rental income No Population Interest Interest Earnings lNo None Figure 3. Capital Fund Revenue Methodology Assumptions Revenue Impacted by Demand Capital Revenue Funds I Name IG I Factor Capital Fund Fire Impact Fees Yes Direct Entry Police Impact Fees Yes Direct Entry Park Impact Fees Yes Direct Entry Operating Expenditures The operating departments of the City of Meridian are listed in Figure 5. The figure includes if the department is assumed to be impacted by growth, if personnel costs are impacted by growth, if other operating costs are impacted by growth, and the demand factor that is used to project departmental costs. As with revenues, Enterprise Funds are not included in the analysis since it is assumed that revenues will offset expenditures. Tischl re Base 3 FISCAL I ECONOMIC I PLANNING BUDGET ASSUMPTIONS FOR FISCAL IMPACT TOOL PHASE II Community Planning Association of Southwest Idaho(COMPASS) In most cases, additional demand on department services from the growth scenario will be continuous throughout the projection period. However, there are cases (i.e., development services) where the demand and resulting costs will only be a one-time expenditure. Figure 4. Operating Expenditure Methodology Assumptions Impacted by Personnel Other Demand Department . . I-Operating Council No No No None Clerk Yes Yes Yes Pop&Jobs Mayor No No No None Finance No No No None IT No No No None Legal Yes No Yes Pop&Jobs Human Resources No No No None Communications Yes No Yes Pop&Jobs Street Lighting No No No None Community Development Yes Yes Yes Pop&Jobs Planning Department Yes No Yes Pop&Jobs Economic Development Yes No Yes Pop&Jobs Building Department Yes Yes Yes Pop&Jobs Pol ice Admin Yes No Yes Pol ice Cal ls Uniform Patrols Yes Yes Yes Police Calls PD Records Yes No Yes PoliceCalls Criminal Investigations Division Yes Yes Yes Police Calls PD Community Services Yes Yes Yes Police Cal ls PD Training Center Yes No Yes Police Cal ls Code Enforcement Yes No Yes Pop&Jobs Fire Admin Yes No Yes Fire Calls Fire Station Operations Yes Yes Yes Fire Calls Tischl reschl Bise 4 FISCAL I ECONOMIC I PLANNING BUDGET ASSUMPTIONS FOR FISCAL IMPACT TOOL PHASE II Community Planning Association of Southwest Idaho(COMPASS) Capital Expenditures The capital facilities included below have been identified through the City's Capital Improvement Plan or from meetings with City staff. Furthermore,there is a service area identified for each project.While some projects may be serving demand from the entire city (i.e., police training facility), others have been determined to only be attributed to current and future development in a specific service area. The capital projects will have a pay-as-you-go construction impact in the year that it is triggered by the growth scenario. A replacement schedule will be included for each project, so in some cases, there may be multiple impacts from the capital need. Figure 5. Capital Expenditure Methodology Assumptions Demand Service Parks & Recreation New NW Regional Park Population North Parks & Recreation New Community Park Population North Parks & Recreation Discovery Park Phase II Population South Parks & Recreation New Community Center Population Citywide Police New North Substation Police Calls North Police New South Substation Police Calls South Police Training Facility Police Calls Citywide Fire Station#7 Fire Calls North &Central Fi re Station#8 Fire Calls South &Centra I Fi re Station#9 Fire Calls South &Centra I Tlschl re Blse 5 FISCAL I ECONOMIC I PLANNING BUDGET ASSUMPTIONS FOR FISCAL IMPACT TOOL PHASE II Community Planning Association of Southwest Idaho(COMPASS) City of Meridian Service Areas Based on conversations with staff,three service areas have been established for Meridian: North,Central, South. Additionally, urban renewal districts are included in the analysis. While City services will be provided equally to every new development, growth in the renewal district will provide revenues to the district for specific district capital projects.These revenues are redirected from the City's general operation coffers, thus having a consequential effect on the net fiscal impact to the City of Meridian. Figure 6. City of Meridian Service Area Map Meridian North 5 Meridian - Central a Meridian E-1,xe _ . . South Tiscf a BI is@ 6 FIKAL I ErQNQMIC I PLANNINC,� Item#21. Fiscal COMPASS Impact Carl Miller, AICP CTP, PMP, Principal Planner -Awl C 0 Page 222 COMMUNITY ri mx al SoulhwrsL ltleho If a new subdivision is approved, can you afford the new services that will be required? How would you know if your comprehensive plan is financially viable? What is the financial impact of House Bill 389? Can you answer any of these questions right now? Today "s Topic COMPASS F- Intro to Fisca I Impact COMPASS Fiscal Impact Tool Fiscal Impact Reporting C 0 COMMUNITY Fl(�� House Bill 389 Q� Am COMPASS COMMUNITY PLANNING ASSOCIAiIm of Southwest Idaho Item#21. INTRODUCTION TO FISCAL IMPACT CO2M Page 226 COMMUNITY FL I IV al SDulhweWdahD Item#21. What is FiscalaIm ct ? Expenditures�_P,e v e n u e sk" permits,Taxes, isca fees capital needs L iA 16 C Page 227 COMMUNITY R m al SUulhweM1doho W ' ransportation Services Evaluated Safety and Emergency Services Parks and Recreation i GOMM UNITY Art Ilm aISDuIhweWdohD _ ' Administration and much more . . . Item#21. What iis NOT EconomicThe " End All pac�,Tbol Model or. Tool Be All " • Not jobse Assumptions • One of many created . GIGO factors • Spillover effect � 0 Page 229 COMMUNITY PL iN ad Souihwrsi�:��no Item#21. FISCAL IMPACT SCENARIOS CO2M Page 230 COMMUNITY FL I IV al SDulhweWdahD Item#21. Nyssa Emmett riscala1 nfia 4 a mpact _ CN9 CN7 sv, �� 1 C N, U A2 'Li CN18 MD1 , A5 N5 CN9 U4 EaB u a r e a CB , N 1 1 B6 I`I nil t r N1 � C2.� Ti117 -CN22 N, C F UN M6 B5 Map madale T 1 4idi �GN2. ..� F.. B3 B4 �g Nampa 8 .B N5 N M4 r B fi!'1jL ' �.CN3 B5 BT B7 Al U;15 8 2r CN M eye rr CN13 K1 CN11 N,2 Kun K , 6 W�F43-W7 U r �o- AN A9 UB4 .Ada Counly Natonal Guard Maneu,.rerArea 8nuhe River gk� of Ray National -On5ervatlofl Aram Nur Page 231 Item#21. Scenario Inputs f 1711 111 Single-family Multi-family Employment Mixed-Use Residential Residential * 3 Typologies Typologies ik A 6ft.__ 16.. Represents 95% of development types 0 Page 232 COMM UN TY FL AN * a1 SDUIhwell-:I�no Item#21. Demographic Profiles Single Family Persons per Students per Vehicle Law Fire/EMS Detached Housing Unit [1] Housing - . <$200,000 3.44 0.64 70.09 0.46 0.10 $200k-$300k 3.24 0.60 66.02 0.44 0.09 $300k-$400k 3.04 0.56 61.94 0.41 0.09 $400k-$500k 2.84 0.53 57.87 0.38 0.08 $500k-$600k 2.64 0.49 53.79 0.36 0.08 $600k+ 2.44 0.45 49.72 0.33 0.07 Note: Demand factors are esti mated by to ki ng the average between the western towns and i ncl Ai ng a factor for bei ng i n uni ncorporated a reas. [1] Source: COMPASS analysis of U.S. ACS Survey 5-Year Estimates Data, 2017. [2] Source: COMPASS analysis of U.S. ACS Survey 5-Year Estimates Data, 2017. [3] Source: Trip Generation, Institute of Transportation Engineers, 10th Edition (2017); 2012 COMPASS Regional Household Travel Survey. [4] Local call data is not available. City of Meridian Police Department data is used in lieu of local data. The average call rate is set to the average value home, other values are scaled based on household size. [5] Local call data is not available. Ada County fire/ems countywide data is used in lieu of local data. The average call rate is set to the average value home, other values are scaled based on household size. L 0 Page 233 GOMMUMRl FL 111N al Soulhwrsl Idaho Item#21. FISCAL IMPACT REPORTING 0 Page 234 GUMMur�Err ri j AN al Souihwesi'amino Item#21. Reporting Table B C D E FBreak-Even City Impacts Base Year 1 2 3 Kuna City Fiscal Impact 1 2021 City Revenue $0 $174,957 $18,757 $18,757 City Operating Costs $0 ($18,388) ($10,863) ($10,863) Ada County FISCaI Impact Doesn't break-even City Capital Costs $0 ($6,001; $0 $0 Kuna School Fiscal Impact 1 2021 Cumulative Net Fiscal Impact $0 ' $150,567 $158,461 $166,354 Ada County Highway Fiscal Impact 5 2025 Annual Fiscal Impact $150,567 $7,893 $7,893 VRT Fiscal Impact 5 2025 County Impacts Grand Total Fiscal Impact 1 2021 County Revenue $a $18,877 $13,187 $13,187 County Operating Costs $0 ($23,035) ($11,903) ($11,903) County Capital Costs $a ($18,276) $0 $0 Cumulative Net Fiscal Impact $0 ($22,433) ($21,149) ($19,866) Annual Fiscal Impact ($22,43 3) $1,284 $1,284 Results are for a hypothetical School Impacts example in Kuna : School Revenue $0 $20,424 $20,424 $20,424 School Operating Costs $0 $0 $0 $0 • 20 000 square foot grocery School Capital Costs $0 $0 $0 $0 Cumulative Net Fiscal Impact $0 $20,424 $W,849 $61,273 store (Year 1 ) Annual Fiscal Impact $20,424 $20,424 520,424 Highway Impacts • 50 MF units (Year 4) Highway Revenue $0 $136,903 $3,959 $3,959 Highway Operating Costs $0 ($63) ($63) ($63) Highway Capital Costs $0 ($175,379) $0 $0 Cumulative Net Fiscal Impact $o ($38,540) ($34,645) ($30,750) Annual Fiscal Impact ($38,540) $3,895 $3,995 VRT Impacts VRT Revenue $o $215 $215 $215 VRT Operating Costs $o ($196) ($196) ($196) VRT Capital Costs $o ($52) $0 $I} �'y Cumulative Net Fiscal Impact $0 ($33) ($14) $5 C V Page 235 Annual Fiscal Impact ($33) $19 $19 COMMUNIT Pt 11M al SuulhweM1deho Item#21. Reporting Chart City of Kuna Operating & Capital Expenditures Compared) to Revenue City Fiscal Impact Results $800,OOD $700,000 $600,OOD $500,001) $400,000 $300,000 $200,000 $100,001) - ft $0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 smw City Operating Costs 0 City Capital Costs —*---City Revenue tCumulative Net Fiscal Impact � 0 Page 236 COMMUNIA IUN al SuulhweWdeho Item#21. Fiscal Impact Tool Use Policy own."Imities in MOfich 2050 ue%pelo�mlent Review rh.r rry :CCNRks%} 11 srr,ku tr al�,..,,,Y,,,¢d,,,rx-w,CWD01 k.�Ji d'I r.1,40. Cw..:t(wlI,t.Far d�.ap.J J-i.rw a.a Isd is 1-0 gur.rm.rd.t�.Yr,•_.,r..�+.r,.nil arl.kca......r.oor,.w.rr[wrth rr.r 7r..Ic nl r.;,,.,nr�.rw 7r rmnw_l}sR I rns r-47GI r*F��$I.rvl brrq r"urI—W..60--PI+'1 rot aJr Wd{+i.pr,f�taL[•Yrla[h.alel rl rwtmdnd.dk1-r.KpLrm�vt Him-.4"xhmmrA f.b=%d Fiscal Impact Analysis arr�zow;mz The purpose of the fiscal impact analysis is to better estimate expected revenues and costs to local govemments as a result of new development so that the public,stakeholders,and the decision-makers can crPr r..rv, N...+.b. better manage growth.Capital and operating expenditures are determined by various factors that determine [rM c4w60. n-N—h.4d- service and infrastructure needs,including:persons per household,student generation rates,lot sizes, street frontages,vehicle trip and trip adjustment factors,average trip lengths,construction values,income, and discretionary spending,employment densities. ,rWW F[—ls v.,.lr„ Capital costs projected in the model reflect the potential cost to serve new growth,regardless of whether at ,,d-ba-1...4}� s.rr r...+r.).-;ter the resources are available to cover the costs and assumes that the districts will continue to balance their nr.a.rrd Pr..-'- annual budgets considering financial guidelines and policies,applicable operating impacts,and available NK F-11,F-1 reSOUMOS. {...lar&i.n�raannn rru- ware.G+/Foaxart ,A d.d +6eWJw' The COMPASS Communities in Motion 2050 Development Checklist considers the level of fiscal benefits pr..+—,.adrd r s.rr. Ih—mcl....s,rd�.hrtr.r in. -d,.,,,dte«z,.,,,,,�1 (whetherthe proposal provides revenues to exceed expenditures),how many public agencies benefit or are --rrPnlr6MP■rnlarcw Pr.P" .fir,."""°""�'"'�" burdened by additional growth,and how long the proposal will take to achieve a fiscal break-even point,if at iro-r.+m.-kYns'b.4��0 o-isK ..r�,r9 P,br...r,r•,a all. More information about the COMPASS Fiscal Impact Tool is available at: yuWlti M I.Ir► i /*q Ga�wr.:atrt Overall Net Fiscal Impact atri..Yr.r�p�rr� q� N.u�e�[e.ehed Aurwr.n ,l.rr.r dtto[4.. H y�P,i1r Fy.y Net Fiscal Impact,by Agency ~ ~- P.Glr.lri.l.p.A.H.d P..rd.ft,,..6..r..rat city County RoA1lwry EA*0044 Wn Y4w in ealr l.wn 4rlt:rr a�ao�r� mr dew�.orlPrvaJ wdrl. Highway District School District �d.lrFa. Break Even: 12 Years emProw.ra+..�•nr. [�,,,.�,,,,r,,,b,.,, .- x,.d—p.rf.r„i.rre -d. wr.nr,...r.. J1.ril.a a"a 61 #': L1PP�..:..7,+xax.ra sa xaa r+r4+rtrtl.�u�e.� EmW I,nrr.e rr.wnxud r.�..� . . GOLIPA�S � 0 Page 237 COMMUNIA IDfi al Soul hweM I eho Item#21. IDAHO HOUSE BILL 389 c O -M Page 238 COMMUNITY FL IUN aI Soul hweM Id eho Item#21. House Bill • - ;WqW' COMPASS Levies for new construction and annexation YES restricted to 90% of the taxable value Homeowner's Exemption increased to YES $ 125,000 The maximum property tax increase cannot PENDING exceed 8% Forgone levying authority may be included in PENDING future budgets by an adjusted process : 1 % for maintenance and operations, and 3% for capital projects Urban renewal district adjustments PENDING C 0 Page 239 COMMUNITY Fl iN ad Souihwrsi : no Item#21. � J ti r 4 a 1 r 1 a � F r r J J T • f f ,� Page 240 Item#21. Q &A and Thank You ! �' 4irF Source: California Dental Association IOU rrr ri iox aI Sou IhweM Idcho