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2021-10-26 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 26, 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 CONSENT AGENDA \[Action Item\] Approved Motion to approve the Consent Agenda with the exception of Item 12 made by Councilman Bernt, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the October 12, 2021 City Council Work Session 2. Approve Minutes of the October 12, 2021 City Council Regular Meeting 3. J.L Towne Cherry Blossom Place Partial Release of Utility and Drainage Easement 4. TM Creek Subdivision No. 5 Pedestrian Pathway Easement No. 2 5. TM Creek Subdivision No. 5 Pedestrian Pathway Easement No. 1 6. TM Creek Subdivision No. 5 Pedestrian Pathway Easement No. 3 7. Final Order for Pura Vida Ridge Ranch No. 1 (FP-2021-0043) by B & A Engineers, Inc., Located at 3727 E. Lake Hazel Rd. 8. Development Agreement Between the City of Meridian and Maureen Miller and Richard Price (Owners) and Michael Miller, HomeFound Group (Developer) for Ambles Run Subdivision (H-2020-0124) Located on Lot 26, Block 1 of the County Dunwoody Subdivision, Approximately 1/4 mile East of N. Locust Grove Rd. and 1/2 mile South of Chinden Blvd. 9. Agreement Between Ada County Emergency Medical Services District and City of Meridian as an American Heart Association Training Site 10. Agreement Between the City of Meridian and the Idaho Humane Society for Extension of Term of Fiscal Year 2021 Animal Welfare and Enforcement Agreement Through December 31, 2021 11. Donation Agreement Between City of Meridian and Together Treasure Valley to Support a New Cornhole Amenity in Settler's Park 13. Resolution No. 21-2295: A Resolution of the Mayor and the City Council of the City of Meridian, Reappointing John Nesmith to Seat 5 and Spencer Martin to Seat 6 of the Meridian Impact Fee Advisory Committee; and Providing an Effective Date 14. Preliminary City of Meridian Financial Report - September 2021 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] 12. Approval of Purchase Order 22-0104 to Hughes Fire Equipment for three (3) new Fire Engines for the Not-To-Exceed amount of $2,059,641.99 Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener DEPARTMENT / COMMISSION REPORTS \[Action Item\] 15. Parks and Recreation Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of $9500.00 for Together Treasure Valley Grant for Cornhole Boards at Settlers Park Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 16. Valley Regional Transit (VRT) Presentation on Transit Development Plan (TDP) and Service Update ADJOURNMENT 4:56 pm 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 12, 2021 City Council Work Session Page 3 Meridian City Council Work Session October 12,2021 Page 11 of 11 Siddoway: Mr. Mayor, my final word would be to, please, look for Art's e-mail. We are trying to accomplish those leadership interviews over the next few days. So, if you could look for a time that might work for your schedule and get back to him, we would appreciate it. Thank you. Simison: Thank you. Thatcher: Thank you all very much. I do look forward to speaking to you individually this week and, again, excited about this opportunity. Simison: All right. We have reached the end of our work session. Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Move that we adjourn the meeting. Simison: I have a motion to adjourn the meeting. All in favor signify by saying aye. Opposed nay. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5:04 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10/26/2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 14 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 12, 2021 City Council Regular Meeting Page 15 Meridian City Council Item#2. October 12,2021 Page 60 of 60 Simison: Anything under future meeting topics? If not, do I have a motion to adjourn? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Cavener: Second. Simison: Motion and second to adjourn the meeting. All in favor signify by saying aye. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 9:18 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 26 / 2021 MAYOR ROBERT E SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 75 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: J.L Towne Cherry Blossom Place Partial Release of Utility and Drainage Easement Page 76 ADA COUNTY RECORDER Phil McGrane 2021-152384 BOISE IDAHO Pgs=3 NIKOLA OLSON 10/20/2021 02:42 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0017 J.L.Towne t, Cherry Blossom Place Partial Release of Easement PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: Utility and Drainage GRANTEE:CITY OF MERIDIAN GRANTORS: J.L Towne ,INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated Jane 22 1956 and recorded as Instrument Number in the land 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{"the Easement"},upon the real property legally described therein. WHEREAS,the continuance of a certain portion of the Easement is no longer necessary or desirable. NOW,THEREFORE, in consideration of the premises,the City of Meridian does hereby release,vacate, and abandon that certain portion of the Easement on the lands more particularly described on Exhibit A, - and depicted on Exhibit B,attached hereto and incorporated herein. All rights and privileges under the under the above-described document in and to the remaining lands covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF,THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 19th.day of October ,20 21 CITY OF MERIDIAN Rd6elrt imis n M 0-19-2021 er r `` " SEAL Attest by C Johnson, erk - - 21 STATE OF IDAHO, } : ss. County of Ada } This record was acknowledged before me on 10-19-2021(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature COM1COMMISSIONist COMMISSION#sTsso ONE WAY Notary Commission Expires: 3-28-2022 c NOTARY PUSUC Residing in Meridian,Idaho STATE OF IDAHO MY COMMISSION EXPIRES 3128122 Version 01/01/2020 BASIS OF BEARING .......•S89'26'53"E 2655.21E. . 1/4 S.1 W CHERRY LN S.1 S.6 L� Jv — S_12 - 432.87' � 2222.3� S.7 I I r 30 120 0 15 so � C SCALE: 1" = 60' 3 . F4 n N I S86'37'42"E r 6.01E , REAL POINT { I 1 OF BEGINNING 1 11 /Ir J. L. TOWNE i I SUBDIVISION ti ^� 0 w��rn 0110 0 /� olio a ' oI1N % ZI IN INIL�IAA IN, O y II 55N CENgFOs 0 A O i i �Od Tg Op \p4p� MCC,PM� N 47'4555"W 8.04E r' • EXHIBITADRAWING FORose lDAHO gg55W EMEMWST UTILITY AND DRAINAGE EASEMENT VACATION 9iEETND. SURVEY 8019E.iDAH08]O(2aa)en7D J.L. TOWNE SUBDIVISION 1 GROUP, LLC A PORTION OF LOTS 6 AND 7. OLOCN P. JA. TOME SUSDINSION,SITUATED YAW THE NW 1/4 DWG. DATE OF THE NE 1/4 OF SECTION 12, T.3N.. N.1%, D.M., CITY OF MERIDIAN, ADA COUNTY,IDAHO 3/1D/2020 EXHIBIT B Description for Utility and Drainage Easement Vacation March 10, 2020 A strip of land being a portion of the Utility and Drainage Easement located on Lots 6 and 7, Block 2, J.L. Towne Subdivision as fled in Book 15 of Plats at Pages 982 and 983, Records of Ada County, Idaho, situated within of the Northeast 114 of Section 12, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a found brass cap marring the North 114 corner of said Section 12 from which a found brass cap marking the Northeast corner of said Section 12 bears, South 89°26'53" East, 2,655.21 feet;thence along the North boundary of said Section 12, South 89°26'53" East, 432.87 feet to the Northerly extension of the East boundary line of said J.L.Towne Subdivision; thence on said Northerly extension and said East boundary line; South 00°27'01"West, 832.68 feet to the Northeast corner of said Lot 6 and the REAL POINT OF BEGINNING; thence continuing on said East boundary line, South 00027'01"West, 310.91 feet to the Southeast corner of said Lot 7; thence on the Southerly boundary of said J.L. Towne Subdivision, North 47°46'55"West, 8.04 feet; thence leaving said Southerly boundary line on a line parallel with and 6 feet westerly of said East boundary line, North 00027'01" East, 305.85 feet to the North boundary line of said Lot 6; thence on said North boundary line, South 86037'42" East, 6.01 feet to the REAL POINT OF BEGINNING. Containing 1,850 square feet or 0.04 acres, more or less. End of Description. .Ttr OT 1.1779 GF � r Page 1 of 1 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Subdivision No. 5 Pedestrian Pathway Easement No. 2 Page 80 ADA COUNTY RECORDER Phil McGrane 2021-152387 BOISE IDAHO Pgs=7 NIKOLA OLSON 10/20/2021 02:44 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0105 TM Creek Subdivision No. 5 Pedestrian Pathway Easement No. 2 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 19th day of October , 2p 21 , between SCS TM Creek LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein;and NOW, THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV.01/01/2020 Item#4. then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. [END OF TEXT; SIGNATURES TO FOLLOW] Pedestrian Pathway Easement REV.01/01/2020 Page 82 Item#4. GRANTOR: SCS TM CREEK LLC an Idaho limited liability company By:SCS Management LLC,an Idaho limited liability company,It's Manager By: 14,. Michael A. Hall,President STATE OF IDAHO ) SS. County of Ada ) /_ r This record was acknowledged before me on September (U 2021(date)by t V hn l rGNa (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 S n4,tmgo LX(name of entity on beha f of whom record was executed),in the following representative capacity: ('f SiA e (type of authority such as officer or trustee). ti SHARI VAUGHAN Notary Public for Idaho Notary Public-State of Idaho My Commission Expires: Commission Number 20181002 My Commission Expires Jun 1, 2024 Page 83 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-19-2021 Attest by Chris Johnson, City Clerk 10-19-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-19-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Residing in Meridian, Idaho Pedestrian Pathway Easement REV.01/01/2020 Item#4. km E N G I N E E R I N G September 14,2021 Project No.:21-051 TM Creek Subdivision City of Meridian Pathway Easement Legal Description Exhibit A A parcel of land for a City of Meridian pathway easement being a portion of the Northwest 1/4 of Section 14, Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at a 1/2-inch rebar marking the Northeast corner of Lot 6, Block 3 of TM Creek Subdivision No.4 (Book 117 at Page 17944, records of Ada County, Idaho),which bears N89°28'20"E a distance of 302.65 feet from a brass plug marking the Northwest corner of said Lot 6,thence following the easterly line of said Lot 6, S00°34'31"W a distance of 83.02 feet to the POINT OF BEGINNING. Thence leaving said easterly line N89°28'20"E a distance of 435.06 feet; Thence 34.96 feet along the arc of a curve to the right,said curve having a radius of 412.00 feet,a delta angle of 04°51'42",a chord bearing of S88°05'49"E and a chord distance of 34.95 feet; Thence S85°39'58"E a distance of 67.19 feet; Thence S00`00'00"E a distance of 14.04 feet; Thence N85°39'58"W a distance of 68.25 feet; Thence 33.77 feet along the arc of a curve to the left,said curve having a radius of 398.00 feet,a delta angle of 04°51'42",a chord bearing of N88°05'49"W and a chord distance of 33.76 feet; Thence S89°28'20"W a distance of 435.33 feet to the easterly line of said Lot 6; Thence following said easterly line, N00°34'31"E a distance of 14.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 7,521 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 4 � a ..12459, of L. BAS'1'A4 9 • ly-po ZI 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com Page 85 Item#4. P:\21-051\CAD\SURVEY\EXHIBITS\210914 CITY OF MERIDIAN PATHWAY EASEMENT SCS TM CREEK LLC 21-051.DWG,CRAIG DRAPER,9/14/2021,DWG TO PDF.PC3,— co -1 n D S (� 0 (D N < z 7 (D r m r 0) LA 00 = In O N o Uu 2 CL p OK� O O �. n O O Ln � — o T Ta) D zoo CD N O W In 0mo r N z 1-9 01 on N OD to a)M Z W W rn m O- O to z .-UT�Z Tl (1 �! i0 Gl Z-� � OD N N m Z 0 �I O1 = C O O M r Z O n A ^ N W /n Cr W O D Z O'rl _I O � Dp� < D M "83.02' (TIE) II n�' C�< o m oz O N. G' W m m L a)m N N o " z nm o o z cn -i I W 01) ODD =, O O � nn rn � C 0 N -n —11 z-p c�0 t-;'0 z co I� o�mO r+i C' No I Io o �O-' m m -n :C4 -o- z \XmD I II Cz =n ON W C D �cn W = M= C -0 p Iaq, O-on i4 Oazrv' c`<m zzi C mp M N O (D MM F' DO zr-3 O NrQ m� Nny � pZ O C) -ZID (D rt o ;r,� N Z NOT. W r I--- N n I I = o I I V) NI 12 1LlT �' 0) >Lz �W � QoIl � r CL°' � `� Q. 00 I ' F*1 V r 00 N n Z m ° Exhibit B OOC)3mm�_ N� City of Meridian Pathway Easement °am>U,rn U -n e 0 O m a 3 A A 3 TM Creek Subdivision z o g Portion of NW 1/4 Sec. 14,T3N.,I31W., BM.,City of Meridian,Ada County,Idaho N N Page 86 Item#4. 435.06 67.19 435.33 68.25 Title: SCS TM Creek Pathway Easmt 21-051 Date:09-14-2021 Scale: 1 inch= 80 feet File: Tract 1: 0.173 Acres: 7521 Sq Feet:Closure=n11.4350w 0.00 Feet: Precision=1/427115: Perimeter=1103 Feet 00 1=n89.2820e 435.06 004=s00.0000e 14.04 007=s89.2820w 435.33 012 —49�CI�d349.5142 005=n85.3958w 68.25 008=n00.3431e 14.00 003=s85.3958e 67.19 'BTg*=$0 9"',Ot~hDe d 3�4.5142 Page 87 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Subdivision No. 5 Pedestrian Pathway Easement No. 1 Page 88 ADA COUNTY RECORDER Phil McGrane 2021-152385 BOISE IDAHO Pgs=7 NIKOLA OLSON 10/20/2021 02:42 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0104 TM Creek Subdivision No. 5 Pedestrian Pathway Easement No. 1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 19th day of October, 20 21, between Brighton Land Holdings LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway;and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway;and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein;and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV.01/01/2020 Item#5. then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. [END OF TEXT; SIGNATURES TO FOLLOW] Pedestrian Pathway Easement REV.01/01/2020 Page 90 Item#5. GRANTOR: BRIGHTON LAND HOLDINGS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. Phillips, President STATE OF IDAHO ) :SS. County of Ada ) On this day of September, in the year of 2021, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the Manager of Brighton Land Holdings LLC, the Company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first above written. — V SHARIVAUGHAN ` Notary Public-State of Idaho Notary Public for Idaho commission Number 20181002 My commission Expires Jun 1, 2024 My Commission expires: &Uo0-Cf- Page 91 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-19-2021 Attest by Chris Johnson, City Clerk 10-19-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-19-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Residing in Meridian, Idaho Pedestrian Pathway Easement REV.01/01/2020 Item#5. km E N G I N E E R I N G September 14,2021 Project No.:21-051 TM Creek Subdivision City of Meridian Pathway Easement Legal Description Exhibit A A parcel of land for a City of Meridian pathway easement being a portion of Lot 6,Block 3 of TM Creek Subdivision No.4(Book 117 at Page 17944, records of Ada County, Idaho)situated in the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at a brass plug marking the Southwest corner of said Lot 6,which bears S00°33'41"W a distance of 100.02 feet from a brass plug marking the Northwest corner of said Lot 6,thence following the southerly line of said Lot 6, N89°28'20"E a distance of 48.67 feet to the POINT OF BEGINNING. Thence leaving said southerly line,N73°40'21"E a distance of 5.27 feet; Thence 113.61 feet along the arc of a curve to the right,said curve having a radius of 412.00 feet,a delta angle of 15°47'59",a chord bearing of N81'34'20"E and a chord distance of 113.25 feet; Thence N89°28'20"E a distance of 137.04 feet; Thence S00'34'31"W a distance of 14.00 feet; Thence S89°28'20"W a distance of 136.77 feet; Thence 48.90 feet along the arc of a curve to the left,said curve having a radius of 398.00 feet,a delta angle of 07°02'22",a chord bearing of S85°57'09"W and a chord distance of 48.87 feet to the southerly line of said Lot 6; Thence following said southerly line,589°28'20"W a distance of 68.47 feet to the POINT OF BEGINNING. Said parcel contains a total of 3,152 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. p Is a 12459 ,, of L. BAtiy�• q•oy•yov 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmenglip.com Page 93 Item#5. P:\21-051\CAD\SURVEY\EXHIBITS\210914 CITY OF MERIDIAN PATHWAY EASEMENT BRIGHTON LAND HOLDINGS LLC 21-OSI.DWG,CRAIG DRAPER,9/14/2021,DWG TO PDF.PC3,— c S.Wayfinder Ave. N BASIS OF BEARING m ® S00'33'41"W LWo D z 100.02' (TIE) 00 N p co 00 C C vC OK�O v N co m Zr)C)-Zi -j N 'n m C7.�O O -1Z = n D a7r) 0 X 0 my U)Cr m CO ZO V rn (. p m -V0�� 1 p Z 0z DZX O 4� m r- M N J Z--I N0 N "I zD C)Lrnn v G! ZO N CZ Wr N c�D D CA OWM O �-1 �p� Z r < cn z m U z0-Zi rn (n 1 C)Nrn co OD n z n CON rrj Z W cn r W .00 I O O C NO S Gl NO I .A W n DNO rr- c) I z 0 ID r 00 W = O n N r rt O " O I I 00 C: Q1 J DO GL W n W = O n 14' CITY OF MERIDIAN I I� oN o w PATHWAY EASEMENT o Ln z O Cn 00I I CC) Cri co I I0 of to IM O cell L4 Ln � Iv CU �I I41 -I I I I Ln I I O O p D N 10n Z In 1L" - C� o0 N 0 oW N � ALn m O N (D rD N m Ln 9 p Z = m ° Exhibit B m m oozes M City of Meridian Pathway Easement N O=Z O as DO p WOom �' v TM Creek Subdivision z o o Portion of NW 1/4 Sec. 14,T3N., 111W., BM.,City of Meridian,Ada County, Idaho ^ N N V/ Page 94 Item#5. 137.04 n89°28'20"e 9 s89°28'20"w s89°28'20"w 136.77 68.47 Title: Brighton Land Holdings LLC Pathway Easmt 21-051 Date:09-14-2021 ---jScale: 1 inch=40 feet File: Tract 1: 0.072 Acres: 3152 Sq Feet:Closure=s41.2118w 0.00 Feet: Precision=1/118798: Perimeter=524 Feet 001=n73.4021 a 5.27 004=s00.343]w 14.00 007=s89.2820w 68.47 002:Rt R=412.00,Delta=15.4759 Bng�tE�1.3420e,Chd=113.25 005=s89.2820w 136.77 003=n89.2820e 137.04 °B°sus sio9.00dnne�a 87 ozzz Page 95 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Subdivision No. 5 Pedestrian Pathway Easement No. 3 Page 96 ADA COUNTY RECORDER Phil McGrane 2021-152388 BOISE IDAHO Pgs=7 NIKOLA OLSON 10/20/2021 02:44 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0106 TM Creek Subdivision No. 5 Pedestrian Pathway Easement No. 3 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 19th day of October, 20 211, between SCS BRIGHTON LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein;and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees, brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV.01/01/2020 Item#6. then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. [END OF TEXT; SIGNATURES TO FOLLOW] Pedestrian Pathway Easement REV.01/01/2020 Page 98 Item#6. GRANTOR: SCS BRIGHTON LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. Phillips, President STATE OF IDAHO ) :ss. County of Ada ) On this day of September, in the year of 2021, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of SCS Brighton LLC,the Company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first above written. SHARIVAUGHAN � Notary Public-State of Idaho Notary Public for Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 My Commission expires: C�— I—o�yoZ Page 99 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-19-2021 Attest by Chris Johnson, City Clerk 10-19-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-19-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Residing in Meridian, Idaho Pedestrian Pathway Easement REV.01/01/2020 Item#6. km E N G I N E E R I N G September 14,2021 Project No.:21-051 TM Creek Subdivision City of Meridian Pathway Easement Legal Description Exhibit A A parcel of land for a City of Meridian pathway easement being a portion of the Northwest 1/4 of Section 14, Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at a brass plug marking the Southwest corner of Lot 6, Block 3 of TM Creek Subdivision No.4 (Book 117 at Page 17944, records of Ada County, Idaho),which bears S00°33'41"W a distance of 100.02 feet from a brass plug marking the Northwest corner of said Lot 6,thence following the easterly right-of-way line of S.Wayfinder Ave.,SOO°33'41"W a distance of 5.56 feet to the POINT OF BEGINNING. Thence leaving said easterly right-of-way line,S89°26'19"E a distance of 14.22 feet; Thence 25.94 feet along the arc of a curve to the left,said curve having a radius of 88.00 feet,a delta angle of 16°53'20",a chord bearing of N82°07'01"E and a chord distance of 25.85 feet; Thence N73"40'21"E a distance of 9.27 feet to the southerly line of said Lot 6; Thence following said southerly line, N89°28'20"E a distance of 68.47 feet; Thence leaving said southerly line,60.85 feet along the arc of a curve to the left,said curve having a radius of 398.00 feet,a delta angle of 08°45'37",a chord bearing of S78°03'10"W and a chord distance of 60.79 feet; Thence S73°40'21"W a distance of 14.54 feet; Thence 30.07 feet along the arc of a curve to the right,said curve having a radius of 102.00 feet,a delta angle of 16°53'20",a chord bearing of S82°07'O1"W and a chord distance of 29.96 feet; Thence N89"26'19"W a distance of 14.22 feet to the easterly right-of-way line of said S.Wayfinder Ave.; Thence following said easterly right-of-way line, N00°33'41"E a distance of 14.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 1,123 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. IS 4 a N 12459 e OF 1��4 �A L. BAtiy4• q iy•?o21 5725 North Discovery Way • Boise,Idaho 83713 • 208.639,6939 • kmengllp.com Page 101 Item#6. P:\21-051\CAD\SURVEY\EXHIBITS\210914 CITY OF MERIDIAN PATHWAY EASEMENT SCS BRIGHTON LLC 21-051.DWG,CRAIG DRAPER,9/14/2021,DWG TO POF.PC3,--- n c) n n c GI N m L4 Co A oN ( n 0 0 0 0 C� GO-0 rrI W m N M C)p O O UI z Z Z O C0 iO M Z_ J Cr C) Z O oCDa o m v S.Wayfinder Ave. C4 LLI w Ej D BASIS OF BEARING o o_ n �'W L5 ® S00'33'41"W e 1 0 00.02' (TIE) Ln r( r- Oo J Co Co r) P I N N Co N = O 0 L' 0 0 14' CITY OF MERIDIAN ' o PATHWAY EASEMENT o K�o K � o m omn zn n p omp N 0) N n , 1 WmzO WmZ O co cn ;a;;� R W � � �o �� 0 � fnCr LnCr- co 0 Zv � ` � �m C Z D m rCc� — On — (A ZOK ZrLA :I- J Z m O es Z O S(o 0—I O N M +' 'A N . ` 00o F> > (D p CL n 000 Ir— NI M N 1 1 POW ' O CD !v O 7 J Z N X- p 1 Ln � N N rr 00 UI GI N Z ' 00 !Z co m 0- F-� 0 p N, On LQ to O II ZO00 W O r N d W W C) O C) (-4 N p N CA A Z p� z W rn o co co D n p m M M W r m 0 O O N J N °i n m rn Ln o Exhibit B Xaz M m Z�° - City of Meridian Pathway Easement 3 m, s �Nm= z wma2m O v Pan '71 orn TM Creek Subdivision �— Y D Z a o Portion of NW 1/4 Sec. 14,T3N., R1W., BM., City of Meridian,Ada County, Idaho Page 102 Item#6. 68.47 9'�, . n89°28'20"e "j}=4U� 14.22 S s89°26'19"e 0 v SIYAO'21„w o ,4.SA c L n89°26'19"w 14.22 Title: SCS Brighton Pathway Easmt 21-051 Date:09-14-2021 Scale: 1 inch= 15 feet File: Tract 1: 0.026 Acres: 1123 Sq Feet:Closure=n83.1700e 0.00 Feet: Precision=1/99146: Perimeter=252 Feet 00 1=s89.2619e 14.22 005:U,a o8 00.Dcha 08A537 79 009=n00.3341 e 14.00 e�8i 0701e,°Chd=is 855320 006=s73.4021 w 14.54 003=n73.402I a 9.27 007:Rt,R=102.00,Delta=163320 Bng=s82.0701w,Chd=29.96 004=n89.2820e 68.47 008=n89.2619w 14.22 Page 103 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Pura Vida Ridge Ranch No. 1 (FP-2021-0043) by B & A Engineers, Inc., Located at 3727 E. Lake Hazel Rd. Page 104 Item#7. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 12, 2021 ORDER APPROVAL DATE: OCTOBER 26, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 58 BUILDING ) CASE NO. FP-2021-0043 LOTS AND 13 COMMON LOTS ON ) 7.63 ACRES OF LAND IN THE R-15 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR PURA ) APPROVAL OF FINAL PLAT VIDA RIDGE RANCH NO. 1. ) BY: B &A ENGINEERS,INC. ) APPLICANT ) This matter coming before the City Council on October 12, 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 PURA VIDA RIDGE RANCH SUBDIVISION NO. 1, LOCATED IN A PORTION OF PARCELS S 1404212550 AND S 1404212750 SITUATE IN THE NORTHWEST QUARTER OF SECTION 4, T.2N., R.IE., BOISE MERIDIAN, CITY OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PURA VIDA RIDGE RANCH NO. 1 FP-2021-0043 Page 1 of 3 Page 105 Item#7. MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 07/30/2021, by Joseph D. Canning, 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 October 12, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PURA VIDA RIDGE RANCH NO. 1 FP-2021-0043 Page 2 of 3 Page 106 Item#7. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 26th day of October , 2021. By: obert . Simison, Mayor 10-26-2021 Attest: Chris Johnson 10-26-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 10-26-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PURA VIDA RIDGE RANCH NO. 1 FP-2021-0043 Page 3 of 3 Page 107 Item#7. EXHIBIT A STAFF REPORTC�WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 10/12/2021 Legend -15 C-;N OUT DATE: =N ILIPro-e a Lc3a- TO: Mayor&City Council R_ FROM: Sonya Allen,Associate Planner tam 208-884-5533 R- R-1-6 M1 SUBJECT: FP-2021-0043 Wri Pura Vida Ridge Ranch No. 1 RUT :8 LOCATION: 3727 E. Lake Hazel Rd.,in the NW 1/4 of R- Section 4,T.2N.,R.IE. (Parcel #S1404212550) RUT R I. PROJECT DESCRIPTION Final plat consisting of 58 buildable lots and 13 common lots on 7.63-acres of land in the R-15 zoning district for the first phase of Pura Vida Ridge Ranch Subdivision. II. APPLICANT INFORMATION A. Applicant/Representative: Kaili Worth, B &A Engineers, Inc. —5505 W. Franklin Rd.,Boise,ID 83705 B. Owner: Justin Griffin, Sunrise Rim,LLC—2988 S. Slate Creek Way,Meridian, ID 83642 C. Representative: Joe Canning,B &A Engineers,Inc.—5505 W. Franklin Rd.,Boise,ID 83705 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and associated conditions of approval as required by UDC 11-6B-3C.2. There are the same number of building lots and common open space as shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 Page 108 Item#7. IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 8/24/20) _ I ._.._.._.._.._.-_ti_.._.._............ —A.._.._.._.._.._.._.._.._._._._.._._.._.._.._.._.._._.._._.--._--- ._.._..........._.._.._.._.._.._.._.._.._.._.._ --� _L_ J_LRLrr J. _ --_ FUr xds I -1.1 �_ � ��.4` .♦ m ...—.,or t i Page 2 Page 109 I fc� _ ALLEY Page Item#7. B. 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SmNr�1�Ed SKA;Yrv. OF A C�� B&A Engineers, Inc. C.—lwz Lnguxrrs.,SGrvrycaaW pl MD5 W.TFMMiA Rd.Bcde,Id.8SM (208)3s3 aW l PWo'Ad.Riege R—h SNbdmW.Nw 1 Sher a«] Page 5 Page 112 Item#7. C. Landscape Plan(date: 9/28/2021) r - - - - _ T— I � `tip SKEET L1.11 = e (SHEET LL10 PHASE 1 "W` gemfE j FINAL PLAT I SHEET L1.12 SHEET L1.13 FUTURE PHA ES \ i FUTURE PHASES \ r LANDSCAPE REQUIREMENTS A1l'&E ALL 3Ia�'LA1 LANE HAZEL RD k LEGEND: iew I in; I Fg '• PLANT SCHEDULE mm I Wpm Jj i y`e III E.LA FORNNA STREET .m X I Y I a m 3 � _,ago sTeeer Nil rA _ e T � _ d „o 3 O r ,I sl W a ^r T _ A�fATCNLINE HEEQL110 nnATc C I �® 171,1LANESCAPE PLAN R,.,Fes^ P o .�......s ,...,.a •�•.••—• 0 pL1.01 Page 6 Page 113 Item#7. LEGEND. yyaEyy ~ E PLANT SCHEDULE A N07A PART MATCHLINE SHEET 11.11 MATCHLINE SHEET L1.13 LANNSCAPE PLAN t,r,��' P' .�.. m L1.11 LEGEND f INA.TCHLFNEtHEE�PL110 �\ ® •�� �...� OF jyfltl HEFT Li' C'O\� 9� "•^E,..,..�,ffw.�,,.. ]y� PLANT SCHEDULEmin .: d ZNY 11 ono- Oy `FUTURE PHASE JNil ar a LANDSCAPE PLAN mL1.12 Page 7 Page 114 Item#7. \ \SOpe% LEGENDBI MATCHLINE SHEET L1.13 r¢I PLANT SCHEDULE N»� ... pm-i Mimi © IMITSOF HASE k\ \ \ '\ \ ._.,°� •» ... FUTU ' -'FUTURE PHASENil 0 - 0 L1.11 GENERAL LANDSCAPE NOTES `0 (:�DOULDER PLACEMENT DETAIL S[ LANDS PE NOTEg F�p:6 1 l aW33 �' BIKE RACK sM?d e .. vwna a�.v. W O-Ir•.':.PLAN�TER�DE^0 C�UT�EDGE.,.,.... ... ...._......,,— .. ..�....,,_�. .�._._. ...�.�...... ..., -. . T' t r n.. 5 CONIFEROUS TREE PLANTING .m w�^a RIfM DF W V LAN SGAPE NOTES 9 5'WROUGHT IRON FENCE Ax ^` [y a 3 PLANNINIGL&GROUNDCOVER sst w c5� MA « n �Sr CoI SHRUB PLANTING r Y `s,DECIDUOUS TREE PLANTINU 0 0 0 L2.00 Page 8 Page 115 Item#7. LANDSCAPE AREA WEED ABATEMENT NOTES TOPSOIL NOTES PREPARATION NOTES. mzms- m m ilia fa 0 .... a MVlS10-s-w �tv SERIES 10M SERIES �a QD aPirl! ® o Page 9 Page 116 Item#7. D. Common Driveway Exhibits Pura Vida Ridge Ranch Subdivision Common Driveway Configuration Lots 17 and 25, Block I ', 74 SETBACK PROPOSES LINE BUILDING 1 � 1 r 5.00 7 t. ay 20.00 ' SETBACIt e � LINE \� - � f s PROPos \ � � 1 BUILllING a 2.50 , Y 'r 2 24 TTW LINE \fit 1 PROPOSER BUfLINNG SETBACK 9� LINE r 10.00 s }, 5.00` � 20.QQ \ -00 MA Engineers, Inc. Cnnsu'hng Engineers,Surveyors d.Planners NORTH 55us W.r—kim Yd.Uojx,id.asrx NT5 (xusl sa3a-s�i Page 10 Page 117 Item#7. 4 4 v Jr ; �n td S I V F �1 1 N 203. I I a CDYl I e 1 1 1 I I 1 j CL b 0 A � w � n 1 � v o � G� x A ° ; rb r* i gr 1 7rr� r r� p + + J I a / o Page 11 Page 118 E. Emergency Access Exhibit(Approved by Fire Dept.) Pura Vida Ridge Ranch Subdivision Emergency Access Detail E. Lake Hazel Road WAIYUKE 1I204CH RESMABLE OR 11 *PROVED EK-L N101 RCE WRM hPLE E. La Forte BOLLUB OR AN kPMOWM MU& Street B&A Ekgmeers, Inc- I TM T Page 12 Item#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-2020-0064,Development Agreement Inst. #2021-042520). 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of City Council's approval of the preliminary plat(by January 19,2023) 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 B &A Engineers,Inc., stamped on 7/30/2021 by Joseph D. Canning, shall be revised as follows: Legend: a. Include recorded instrument number of existing storm drainage maintenance easement. Notes: b. Note#6: ". . . in compliance with 14 '^�5v H-2020-0064." c. Note#9: ". . .prior approval from the health authority and the City of Meridian." d. Note #16: Include date and recorded instrument numbers for the ACHD storm water drainage system. Plat: e. The minimum property size in the R-15 zoning district is 2,000 square feet per UDC Table 11-2A-7;revise Lots 4, 8, 12, 15, 16, 18, 19, 23, 24, 26, and 27,Block 1 and Lots 2, 3 and 7,Block 5 to comply. f. Correct the number of buildable/open space lots in the Purpose of the Survey Narrative. g. Include a curve reference#for the south end of Lot 10,Block 1. An electronic copy of the revised plat shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, prepared by South Beck & Baird, dated 9/28/21, shall be revised as follows: a. The pathway encroaches on the corner of Lot 13,Block 1;relocate the pathway outside of the buildable lot. b. Depict fencing abutting pathways and common open space lots to distinguish common from private areas per the standards listed in UDC 11-3A-7A.7; include a detail(s) of the proposed fence.Note: This section of Code is eligible for alternative compliance. An electronic copy of the revised landscape plan shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 6. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the multi-use pathway along the Ten Mile Creek prior to signature on the final plat by the City Engineer. Page 13 Page 120 Item#7. 7. Development of Lots 3-5,7-9, 11-13, 14-16, 18-20,22-24 and 26-28,Block 1 and Lots 1-4 and 7-8, Block 5 shall comply with the setbacks depicts on the common driveway exhibits in Section V.D and as approved with the Planned Unit Development(H-2020-0064). 8. All common driveways shall comply with the standards listed in UDC 11-6C-3D or as otherwise approved with the Planned Unit Development(H-2020-0064). 9. All alleys shall comply with the standards listed in UDC 11-6C-3B.5. 10. The Ten Mile Creek shall remain open as a natural amenity and shall be improved and protected with development of the subdivision in accord with UDC 11-3A-6. 11. A floodplain development permits shall be obtained prior to construction for any development within the floodplain. 12. "No Parking" signs shall be erected at the alley/street intersections of E. Jaco St. &E. Limon St. 13. Submit a 14-foot wide public pedestrian easement for the multi-use pathway along the east boundary of the site adjacent to the Ten Mile Creek to the Planning Division prior to submittal of the final plat for City Engineer signature. 14. A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment in accord with UDC 11-6C-3D.8.A copy of the easement shall be submitted to the Planning Division prior to signature on the final plat. This easement may be depicted on the final plat with a note that includes the required information rather than as a separate recorded easement. 15. 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. 16. All future development shall comply with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district, unless otherwise approved through the Planned Unit Development(H-2020-0064, see Exhibit VIII.1). 17. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The sewer stub to the West in Lake Hazel Road at the intersection of Rincon Drive Sewer shall end in a clean out. 2. The sewer stub to the West in Rincon Drive at the intersection of Pura Vida Avenue shall end in a clean out. 3. Public sewer mains shall not be placed in common driveways. a. For three or less lots on a common drive services shall be run from the main in the roadway to individual lots. b. For four or more lots on a common drive,private sewer main shall be run into the common drive. Private sewer will be the responsibility of the HOA to maintain. On the common Page 14 Page 121 Item#7. drive boundary line, a manhole will be required, this and any additional manholes in common drives must be marked with"Private"on the lid. 4. The geotechnical investigative report prepared by Materials Testing & Inspection indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes or for the control of storm water. 5. A floodplain permit is required for this development. Lots will remain in the floodplain and houses will need to meet floodplain permit requirements until such time that Lake Hazel Bridge is replaced and LOMR is approved by FEMA. 6. A streetlight plan must be submitted that meets the City's Design Standards. General Conditions: 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health Page 15 Page 122 Item#7. 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. 15. 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. 16. 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. 17. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 18. Developer shall coordinate mailbox locations with the Meridian Post Office. 19. All grading of the site shall be performed in conformance with MCC 11-1-4B. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 26. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. Page 16 Page 123 Item#7. 27. 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. 28. 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. 29. 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. 30. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 17 Page 124 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Maureen Miller and Richard Price (Owners) and Michael Miller, HomeFound Group (Developer) for Ambles Run Subdivision (H-2020-0124) Located on Lot 26, Block 1 of the County Dunwoody Subdivision, Approximately 1/4 mile East of N. Locust Grove Rd. and 1/2 mile South of Chinden Blvd. Page 125 ADA COUNTY RECORDER Phil McGrane 2021-155052 BOISEIDAHO Pgs=38 NIKOLA OLSON 10/27/2021 09:21 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 1 Maureen Miller, Owmer 1 Richard Price, Owner 4, Michael Miller,floorreFound Group,Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 26th day of October 2021, by and between Citv of Meridian, a municipal coo-poratio of the tate of Idaho,, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and Maureen Miller,whose address is 1308 N. 12"'Street,Boise,ID 83702, and Richard Price whose address is 117'87 Ardyce Street, Boise, ID 83713, hereinafter called OWNERS and Michael Miller, HorneFound Group,whose 1308 M 12,h Street, Boise, ID 83702 hereinafter called DEVELOPER. 1. RECITALS: Ll WHEREASS,Owmiers are the sole owners,in law and/or equity,of certain tract of huid in the Couirty of Ada,State of Idaho,described in Exhibit"A"",which is attached hereto and by this reference incorporated herein a,s if set fiorth in full, herein after referred to as the property; and 1.2 WHEREAS.Idaho Code §67-6511 A provides that cities may,by ordinance, require or pennit as a condition of zoning that die Owner and/or Developer make a written conir art ment concerning the use or development of the sultect Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which autborizes development agreements upon the annexation and/or re-zoning of land; and 1 A WHEREAS, Owners and,/or Developer have submitted an application for ajinexation and zoning of 2.88 acres of land to the R-2 (Low Density Residential) zoning district on the property listed in Exhibit, "A", under the Unified Development Code, which generally describes h(,-ww the Property will be developed and what improvements will be made; and 1.5 VVTIEREAS, Owners and/or Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City DEVELOPMENT AGREEMENT—AMBLr�s RIJN SUBDIVISION(1-1-2020-0124) PAGE, I OF 8 Item#8. Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment;and 1.7 WHEREAS, on the 4'd day of May, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order C"Findings"}, which have been incorporated into this Agreement and attached as Exhibit"B";and 1.8 WHEREAS,the Findings require the Owners and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owners and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan ofthe City of Meridian on. December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELdPMENT AGREEMENT—AMBLES RUN SUBDivisioN(H 2D2a-0 1 24) PAGE 2 OF 8 Page 127 Item#8. 3.2 OWNERS: means and refers to Maureen Miller whose address is 1308 N. 121h Street, Boise, ID 83702 and Richard Price whose address is 11787 W. Ardyce Street,Boise,ID 83713, hereinafter called OWNERS,the parties that own said Property and shall include any subsequent owner(s)of the Property. 3.3 DEVELOPER: means and refers to Michael Miller,HomeFound Group, whose address is 1308 N. 12'h Street, Boise, ID 83702, the party that is developing said Property and shall include any subsequent developer(s)ofthe Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada. City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the approved plat, landscape plan and conceptual building elevations included in Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B" and the provisions contained herein. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING ❑ESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owners and/or Developer's default of this Agreement,Owners and/or Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to DEVELOPMENT AGREEMENT—AMBLES RUN SUBDIVISION(H-2020-0124) PAGE 3 OF 8 Page 128 Item#8. correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owners and/or Developer that is not cured after notice as described in Section 7.2,Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws,ordinances and rules,including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer,or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions,and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all ofthe Exhibits,and submit proof of such recording to Ownesr and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT--AMBLES RUN SUBDIVISION(H-2020-0124) PAGE 4 OF 8 Page 129 Item#8. 10. ZONING: City shall,following recordation ofthe duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. H. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owners and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owners and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNERS: DEVELOPER: Maureen Miller Michael Miller, HomeFound Group 1308 N. 121' Street 1308 N. 12t' Street Boise, ID 83702 Boise, ID 83702 Richard Price 11787 Ardyce Street Boise, ID 83713 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other reliefas may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that DEVELOPMENT AGREEMENT-AMBLES RUN SUBDIVISION(H-2020-0124) PAGE 5 OF 8 Page 130 Item#8. the failure to timely perform any of the obligations hereunder shall constitute a breach ofand a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owners and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owners and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owners and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owners and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT-AMBLES RuN SUBDlVLSION(H-2020-0124) PAGE 6 OF 8 Page 131 [end of text; signatures,acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: HomeFound Group Maureen Miller By: Micha ' er Its: n�� Richard Price CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 10-26-2021 Chris Johnson, City Clerk 10-26-2021 STATE OF IDAHO } ss: County of Ada ) On this LZt' day of 6 CA- , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Maureen Miller known or identified to me to be person who signed above and acknowledged tome that she executed the same. IN WITNESS WHET gOF, E have hereunto set my hand and affixed my official seal the day and year in this .■ ....�� certificate first above w;y11'4.1D W. •. (SEAL) ■'••�y P& % r : Cl• 9 Notary Public for ; ' Residing at: � t�: t My Commission Expires: 12 6 L NO •tip I .• DEVELOPMENT AGREE ��I■w SUBMIS[ON(H-2020-0124) PAGE 7 OF$ '••.......... STATE OF IDAHO } ss. County of Ada ) On this -Z-`� day of fly c 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard Prt known or identified to me to be person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Lucero Cortez 69763 fublic for NOTARY PUBLIC Residing at: .L� tiW STATE OF IDAHO My Commission Expires: C)4.It 7 L3 STATE OF IDAHO } ss: County of Ada ten) On this ZSday of i T L , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael Mil r known or identified to me to be the of HomeFound Group,and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SMIR Lucero Cortez 69763 o Public for wlc NOTARY PUBLIC Residing at: 4.rtt��C+��n STATE OF IDAHO My Commission Expires: �1 i I L3 STATE OF IDAHO ) ss County of Ada ) On this 26 day of October ,202[,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk, respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—AMBLES RUN SuBDivisioN{H-2020-0124} PAGE 8 OF 8 Item#8. Exhibit A Annexation and Zoning Legal Descriptions and Exhibit Maps 21 TEALEY'S LAND 12594 W.Explorer Drive, suite 150•Boise, Idaho 83713 SURVEYING (208)385-0636 13 - 111 1; Fax(2001 385-0696 Project No:4743 Date:December 22,2020 ANNEXATION DESCRIPTION FOR PROPOSED AMBLES RUN SUBDIVISION A parcel of land being a portion Lot 26 of Block 1 of Dunwoody Subdivision,as filed for record in the office of Ada County Recorder, Boise,Idaho, in Book 58 at Page 5482,as shown on record of survey No 7837,as filed for record in the office of Ada County Recorder,Boise,Idaho under instrument No. 107033607,lying in the NW 114 of Section 29,TAN.. R.1 E.. B.M.,Ada County.Idaho and more particularly described as follows: Commencing at the West 114 corner of said Section 29, marked by an aluminum Cap;from which the Northwest comer of said Section 29,marked by a brass cap,bears North 00'0V36"West 265 5,61 feet;thence along the East-West centerline of said Section 29,which is also the North boundary of Vienna Woods No.2 Subdivision North 89'35'30"East 664.68 feet to the Southwest Corner of said Lot 26,marked by a 50'iron pin,said point marking the POINT OF BEGINNING,thence along the West boundary line of said Lot 26 North 00'03'17"West 331.00 feet to the Northwest corner of said Lot 26,marked by a 519"iron pin;thence along the North boundary of said Lot 26 North 89'35'30"East 379,11 feet to a 6/8"iron pin;thence leaving said North boundary South 00'04'37"East 331.00 feet to a 518"iron pin on the South boundary of said Lot 26;thence along said South boundary South 89'35'30"West 379 24 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel of Land Contains 2.88 Acres,more or less. 5 - Ur7 o a t Ambles Run Subdivision H 2O20-0124 Page 134 Item#8. v s 4 Ogya Ul SfOR EAST DUNWOODY COURT h j w M m ——r usatiti+a ��I ----ft f - orl ---- - - � p .. II II ] I 0 0 - mco �' L !, o 1- > j�2 N1dOH:)'N Ln U U b ' a k a N 0 I 0 m Q _--__---_ II 00-03-17. X O � 4 m `W'' 1 m M 2 aw a o xa as � o ) U M z N 4 g P N �� NORTH LOCUST GROVE ROAD �' S C0 N 00-01'36" M BASIS OF BEARING m Ambles Run Subdivision H 2O20-0124 Page 135 EXHIBIT B Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�((IEN DIAl`T:-~' AND DECISION&ORDER In the Matter of the Request for Annexation& Zoning of 2.88 acres of land with an R-2 zoning district and a preliminary plat consisting of 6 single-family residential lots,by HomeFound Group. Case No(s).H-2020-0124 For the City Council Hearing Date of: March 23, 2021 & April 20,2021 (Findings on May 4, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 23, 2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 23, 2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of March 23, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 23,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 23,2021,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ambles Run Subdivision—FILE#H-2020-0124) - 1 - Page 136 Item#8. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 23,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ambles Run Subdivision—FILE#H-2020-0124) -2- Page 137 Item#8. City Code Title I I(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 23, 2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ambles Run Subdivision—FILE#H-2020-0124) -3- Page 138 By action of the City Council at its regular meeting held on the 4th day of May 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 5-4-2021 Attest: Chris Johnson 5-4-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-4-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ambles Run Subdivision—FILE#H-2020-0124) -4- Page 193 Item#8. STAFF REPORT C> W IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 3/23/2021 Legend DATE: 0 .Project Location TO: Mayor&City Council ICEP FROM: Joe Dodson,Associate Planner a 208-884-5533 _ 6 SUBJECT: H-2020-0124 Ambles Run Subdivision �®3I� 9� v• �; P ' LOCATION: The site is located on Lot 26, Block 1 of the county Dunwoody Subdivision, a approximately'/4 mile east of N. Locust a • Grove Road and a'/z mile south ofONE- Chinden Boulevard, in the SW '/4 of the �® NW'/4 of Section 29,Township 4N., Range 1 E. I. PROJECT DESCRIPTION Annexation&Zoning of 2.88 acres of land with an R-2 zoning district and a preliminary plat consisting of 6 single-family residential lots, by HomeFound Group. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.88 Future Land Use Designation Low Density Residential(0-3 du/ac) Existing Land Use(s) Vacant land Proposed Land Use(s) Detached Single-family Residential Lots(#and type;bldg./common) 6 residential building lots Phasing Plan(#of phases) Proposed as one phase Number of Residential Units(type 6 single-family units of units) Density(gross&net) Gross—2.08 du/ac.;Net—2.49 du/ac. Open Space(acres,total N/A—property is not at least 5 acres in size [%]/buffer/qualified) Amenities N/A—property is not at least 5 acres in size Neighborhood meeting date;#of November 9,2020— 10 attendees; attendees: History(previous approvals) No history with the City Page 1 Page 140 Item#8. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via Chopin Avenue,an existing local Hwy/Local)(Existing and street stubbed to the southern boundary of the subject Proposed) property. Stub Street/Interconnectivity/Cross Applicant is proposing to continue Chopin Ave.through the Access project in its current alignment and stub it to their northern boundary,terminating in a cul-de-sac. Existing Road Network No Existing Arterial Sidewalks/ N/A Buffers Proposed Road Improvements No road improvements are proposed or required other than extending Chopin Ave.into the site. Distance to nearest City Park(+ 1.2 miles to Charles F.McDevitt Youth Sports Complex size (City of Boise Fire Service • Distance to Fire Station 1.5 miles from Fire Station#3 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#3 reliability is 78%(below the goal of 80%) • Risk Identification Risk Factor 1 —Residential • Accessibility Proposed project meets all required access,road widths,and turnarounds;proposed landscape planter within cul-de-sac is not allowed and should be removed. Police Service • Concerns None Wastewater • Distance to Sewer Services N/A • Sewer Shed North Slough Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.06 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Flow is committed •Since parcel to the north is not a phase of this project the sewer line needs to end at a manhole at the northern boundary. Water • Distance to Services 0' • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns I None Page 2 Page 141 1 1 1 CHINDEN �— CHINDEN —.m IM �I . p nnnu■grnl� 111111■'1�IIti�� ■- - ... ^��I1111111 rrRO �� ,O - • 1 �� ■■�� _�`_' gip: '* `�� _- `i all unn mm�na u■ non ��� ©1!■ ■- 'rune:�� � , r014 ■d ■■■■ ��iron■■ ■■■:Q• ■1■1id■�, s 1 Y .ft 1 "�, i .sr M _-■u 1 ■■ ■:■: :is■■■■:■� �v n1l oon■ r�nnmu inn un■■nc i R '�* m i nni ■� �n_nu■■ unnnm � _ n \■n■f �rl ■■■ nni■. ■. , a , s MEN un �� I� - �: mou:: ■ ■pert 1.1111m CHIND`N EN i�■ �� .gill. r _ .■.nni■�� r■SEEN ■■1�0 a ml uul nnunmi: iy��,'F99,r�■■■ :■■ III■711�I f�■���� �7_nnu nlruV 11111■171■ �� �' -monsoon. 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J■■MiyM■■ q ■ _� 1 7:CL CGGOG■■ A ■ ■■ ■ .■■■■■\ ■■■■■■■ ■ ■ ■ �. ■■■■i ■■■■■■ ■ ■■■ O . ■ ■MI �i ■ ■■■ , in- do ■MI �i mom : ■�■ ~� n■ una■:�I : :is ■■ n■ non■■:I ■_ 1� �11111 I.a . u, �•■Irn■n �o nnnn: m nnnd �■:+7LM'.� �■ � ■nni u■i iiiiii W g�111111t..Jf1■ �_ ♦.■■inns.-�� P on 1 ■ u■■■11 :1 � ■■� n ■mo� ::::-11�;�� �Id■ill mo■■n Mi ■�1:�� U ■■ ■■■son:■■■■: on ninon r' ■�■ ■U_L] ■ �� ■.■:■■■■:Y _1 \ o■ ��.■■mo■■■mo�lnu ■ ■■■nni rJC]_■■■ /!■■mo■■■nn■■n.s ■..�iln■■.I �� J �n mini■■■■■n■...■. n.liln■■.hn [,11 nni■■■■■num■y .■ •inns� � :::: •-...■.....•....■i -..mo....inn nl .....■_�..� .■ ■inns■n -—:Finn■■■_ ■■ ■■n■ +- ' ■■moo■::i it .■ ■■■A r .■noon■::::'I in ■■nl►�.■ I,IIf': ■��■mou■■■■:, nn■n1 ■■nl►M.■ ii -■uu■■■■��i 1111 .■■I 1111 ■■■I i Item#8. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 1/29/2021 3/5/2021 Radius notification mailed to properties within 500 feet 1/26/2021 3/2/2021 Site Posting 1/27/2021 3/8/2021 Nextdoor posting 1/26/2021 3/4/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Low-Density Residential—This designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces,and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails, and other appropriate means should enhance the character of the area. The subject site is somewhat of an outparcel of an existing county subdivision (Dunwoody Subdivision) that has no access except for the Chopin Avenue stubbed to its southern property boundary. Dunwoody Subdivision has large lots that are approximately an acre or more in size and the proposed subdivision aims to provide a transition from these larger lots sizes towards the existing R-4 lots to the south by proposing six(6) lots that are over 16,000 square feet in size. The subject site is less than 5 acres in size and therefore the requirements to provide open space and amenities do not apply. However, Staff is aware that the three parcels adjacent to the subject site to the west and north are also in discussions with City officials on their redevelopment—if those parcels were to annex and redevelop together with this parcel, this area may be able to provide a more cohesive development. The Applicants of both projects have been in detailed discussions with each other but no agreement could be made. Therefore, this property owner decided to move forward with the proposed 6-lot subdivision. This is unfortunate but the likelihood of this parcel being developed with anything other than the proposed layout is minimal. The proposed density is approximately 2 dwellings per acre which fits within the Low Density Residential future land use designation range of 3 or less per acre.As noted, this density would offer a transitional density from the county subdivision to the existing Vienna Woods Subdivision to the south. Despite the 2.88 acre parcel not being required to provide open space, the Applicant is proposing to provide parkways with street trees along both sides of the Chopin Avenue extension. As currently proposed, the project is proposing approximately 4%open space that would be qualifying open space if any were required. This number is important because if this property was required to provide open space by code, the project would only be required to provide S%open space due to the project only containing buildable lots and each lot being over 16,000 square feet. Providing open space for developments is a critical point within the comprehensive plan to help create a sense of place and add green space for residents to enjoy. Therefore, Staff is recommending the Applicant revise the landscape plans to show 10'wide parkways instead of 8'wide to increase the open space for the project and meet that 5%open space threshold. Providing open space at this level is not required by code but Staff believes it Page 4 Page 143 Item#8. helps the project meet the spirit of the code and allows for even more of an identity for this small subdivision. In addition to the wider parkways, Staff is recommending a revision to the road layout to better comply with the comprehensive plan and help with future development in this area. The Applicant should provide a stub street to their western boundary and preliminary discussions with ACHD have determined this Applicant would be required to construct the full street section. Therefore, the stub street would be constructed as a full 33 foot street section within 47 feet of right-of-way if using attached 5-foot sidewalks. However, to align with what is already being proposed Staff recommends the stub street be constructed with 8-foot parkways and detached sidewalk further analysis is in the Access section (Section V.F). By providing a stub street to the north and to the west, this parcel can set up road connectivity and utility placement for future redevelopment in this area creating a more cohesive design. Furthermore, this recommended change does not create the need to lose any lots or change the request for R-2 zoning as each lot would still meet the R-2 dimensional standards after reducing their lot widths. With Staffs recommended changes, Stafffinds the proposed project and what it brings to the City of Meridian to be generally consistent with the Comprehensive Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section MI.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https://www.meridiancity.or /ccoompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed project offers a density that is directly in the middle of the adjacent estate lots the north and east of the Dunwoody Subdivision and the R-4 lots to the south of Vienna Woods Subdivision. Although the proposed subdivision is only six lots, this subdivision would lay the foundation for the appropriate transitional density in this immediate geographic area. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices"(3.07.01A). The proposed site design incorporates a transitional density from the existing 1-acre lots of the Dunwoody Subdivision. In addition, the Applicant is proposing to construct a berm with trees and other landscaping along the rears of each building lot to further screen the new and existing homes nearby. Code does not regulate landscaping on private property but Staff encourages the Applicant to include maintenance of these landscaped areas within the future CC&R's of the homeowner's association. Despite such a relatively small site, the Applicant is creating buffers and incorporating street trees within parkways to buffer and screen the proposed homes making them more compatible with what exists to the northeast and to the south. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing stubs abutting the site to the south within Chopin Avenue,per Public Works comments. This project also lies within the Fire Department response time goal.An additional 6 homes are expected to generate 4 school age children which can be easily absorbed into the school system, according to the West Ada response letter. Page 5 Page 144 Item#8. Staff finds that the existing and planned development of the immediate area create conditions for adequate levels of service to and for this proposed project. "Preserve,protect,and provide open space for recreation, conservation,and aesthetics" (4.05.01F).As discussed, the project is below the minimum 5 acre size to require open space. However, the Applicant is proposing parkways with detached sidewalks that will add street trees and help create a sense of place for the development despite not having a large open space lot. Residents here will be within walking distance and easily within car and bicycle distance of a park to the southeast through local streets. In addition, with Staffs recommended changes to increase the width of the parkways to 10 feet, the trees should be healthier and beautify the subdivision even more. "Require all new residential neighborhoods to provide complete streets, consistent with the Transportation and Land Use Integration Plan."(2.02.01 Q. The Applicant is proposing to construct this project with detached sidewalks, street trees within parkway strips, and a road section wide enough to accommodate on-street parking. Staff finds the combination of these elements helps create a form of complete streets and should encourage future development nearby to emulate these features. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.0ID).Proposed project is extending the detached sidewalks from the south to allow easy access to the existing pedestrian facilities within Vienna Woods. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction." (2.02.02F).As discussed, the Applicant is proposing lot sizes that do not match those directly abutting the site but instead act as a transitional density. This proposed density and probable homes in conjunction with the proposed street trees should complement the design of the existing development nearby. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There are no existing structures on site as this site is leftover pasture land. D. Proposed Use Analysis: The proposed use is detached single-family residential on larger estate lots. This use is a permitted use in requested R-2 zoning district per UDC Table 11-2A-2. Due to the relatively small size of the development(six lots),the project is proposed to constructed in one phase but will still have a Homeowner's Association. According to the Applicant's Narrative,the future homes are to be constructed as approximately 2,400 square foot single-level homes with a second story bonus room as an option. The proposed use and style of homes should provide for a development that is cohesive with adjacent development. E. Dimensional Standards(UDC 11-2): The residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements. Staff will verify compliance with these standards following Staffs recommended revisions discussed in the next section. Page 6 Page 145 Item#8. F. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via extension of Chopin Avenue, a local street stubbed to the southern boundary. The submitted plans show the extension of Chopin as a 36-foot wide street with 4-foot detached sidewalk outside of 8-foot wide parkways with street trees. The proposed street section does not meet ACHD policy and should be reduced to 33 feet wide. In addition,the sidewalks must be constructed as 5-feet wide to meet ACHD standards. The Applicant is proposing to terminate Chopin Avenue at the north boundary in a cul-de-sac in line with ACHD policy because the road section will be greater than 150 feet in length. The proposed layout is sufficient for the proposed 6-lot subdivision but Staff believes it does not adequately set the stage for future development to its north and west. Therefore, Staff is recommending the Applicant revise the plans to show a stub street to the west as discussed to meet more of the comprehensive plan objectives and policies. There are multiple placements of the stub street that would provide for better future circulation than only providing a stub to the north. However, Stafffinds it appropriate to recommend a location that minimizes the amount of wasted pavement should Chopin Avenue ever get extended further in the future. Staff recommends placing the western stub street along the northern property boundary as a full street section per ACHD requirements. However, the Applicant should work with ACHD on a reduced street section for this stub street to minimize the impact to this property.At a maximum, with 5-foot attached sidewalks and a 33 foot street section, the western lots would be required to be reduced by 47 feet to incorporate the required right-of-way.ACHD has reduced street sections if no on-street parking is desired which would reduce this area even further. With the maximum amount of right-of-way taken, the proposed lots would still exceed the minimum dimensional standards of the requested R-2 zoning district. Despite the recommended stub street being more than 150 feet in length, both Meridian Fire and ACHD have agreed to allow the stub street be constructed without a temporary cul-de-sac at its terminus to minimize the impact to this Applicant. In order to maintain adequate turnaround, Chopin Avenue will still need to end in the cul-de-sac, according to ACHD. The Applicant should still work with ACHD prior to the Council meeting to minimize the impact of this recommended change by Staff. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table I1- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,the proposed 33-foot wide street section accommodates on-street parking where no driveways exist and not within any part of the cul-de-sac at the end of the extended Chopin Avenue. H. Sidewalks(UDC 11-3A-17): 4-foot wide detached sidewalks are proposed along internal streets adjacent to landscape parkways as part of the extended pedestrian circulation of Vienna Woods to the south,in accord with the standards listed in UDC 11-3A-17 and ACHD standards. As discussed previously, the proposed 4-foot wide sidewalks do not meet ACHD standards and should be widened to 5 feet wide. The Applicant is aware of this but has not yet provided updated plans. Regardless, the sidewalks in this development will continue connections through the project from the Vienna Woods Subdivision to the south. These connections will allow future residents easy access to the nearby sports complex to the southeast. Page 7 Page 146 Item#8. I. Landscaping(UDC 11-3B): The only landscaping that is regulated by code within the proposed development is within the proposed parkways along the local street extension(UDC 11-3A-17 and UDC 11-313). The Applicant is proposing 8-foot wide parkways with street trees along the proposed roadway extension into the site. The submitted landscape plan also shows a raised berm with relatively full landscaping along the rear of the building lots. This landscaping on private lots is not regulated by City code and therefore Staff does not recommend adding any provisions regarding this landscaping. The Applicant intends to maintain the berm and landscaped areas through the HOA and subsequent CC&R's that the City does not regulate. Staff believes this is the appropriate way to regulate and maintain the proposed landscaping on the private building lots. Staff is recommending the proposed parkways be widened to 10'to increase the amount of open space for the small development even though there is not a requirement to meet any minimum open space standard.As discussed within the Comprehensive Plan analysis section earlier, increasing the width of the parkways allows the project to provide at least 5%open space which helps meet the intent of the code and comply with the comprehensive plan. In addition, the wider parkway would allow for healthier trees and provide the Applicant the opportunity to use a wider range of trees within the parkways, including larger Class III trees if so desired. Staff recommends constructing the recommended western stub street with 8 foot parkway on its southern side to match what is currently proposed. This parkway should also be landscaped in accord with UDC standards. J. Qualified Open Space and Amenities(UDC 11-3G): The subject site is less than 5 acres in size and therefore code does not require a minimum amount of qualified open space or amenities. See more detailed analysis by Staff in the Comprehensive Plan section and Landscaping section. K. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and meets UDC standards as proposed. L. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15. Despite the development being only six(6)lots,providing for pressurized irrigation with this project will allow for such irrigation to be continued as the surrounding area redevelops in the future. M. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant did not submit conceptual building elevations other than the one elevation submitted with the Narrative. That elevation is an example of what the expected home builder constructs. Detached single-family homes do not require design review approval prior to building permit submittal and therefore Staff does not review these for compliance with any standards. However,the submitted elevation does depict larger homes commensurate with estate lots and shows varying rooflines with different building and accent materials that come together and show high-quality construction. Page 8 Page 147 Item#8. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on February 18,2021.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Michael Miller,Applicant; Robert Phillips,Vienna Woods neighbor; Susan Rammell,neighbor; Monty Moore,Dunwoody neighbor; Dick Price, land owner. b. In opposition: Jeff Wilding,Dunwoody HOA President; Jeff Thompson,Vienna Woods neighbor; Dale Hope, Dunwoody neighbor; C. Commenting: Jeff Wilding,Jeff Thompson,Robert Phillips, Susan Rammell,Dale Hope,Monty Moore,Dick Price d. Written testimony: One 1) -Mr. and Mrs. Rammell discussing a desire to have a stub street to their eastern property line (this project's western boundary). e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Andrea Pogue,Deputy City Attorney; Bill Parsons, Current Planning Supervisor. 2. Key issue(s) public testimony a. Lot in question was never properly split from Dunwoody HOA and does not meet their CC&Rs; b. Proposed project does not comply existing Dunwoody HOA CC&Rs in lot size requirement—is this an issue for the City to be involved in; c. Legality of property split of Lots 25 &26 to create property currently requesting annexation and preliminary plat; d. Potential of working with future development of adjacent properties to the west and north to limit some of the CC&R issues discussed to include some revisions of the layout; 3. Key issue(s)of discussion by Commission: a. What is the City's legal purview in regards to existing CC&R's that conflict with the requested zoning; b. Applicant's willingness and ability to work with adjacent property owners and Dunwoody HOA on a compromise in regards to lot sizes; c. Benefit,if any, of continuing projectversus moving forward to Council 4. Commission change(s)to Staff recommendation: a. Strike conditions related to stubbing a street to the western property line. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on March 23.2021 and April 20,2021. At the public hearing,,the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Michael Miller.Applicant b. In opposition: Jeff Wilding,Dunwoody HOA president; Terri Pickens,Dunwoody HOA Attorney C. Commenting: Jeff Wilding; Terri Pickens; Page 9 Page 148 Item#8. d. Written testimony: 2 items since Commission hearing further clarifying HOA issues e. Staff presenting application: Joseph Dodson, Current Associate Planner £ Other Staff commenting on application: Bill Nary, City Attorney 2. Key issue(s)of public testimony: a. Proposed project does not comply with existing Dunwoodv HOA lot size requirement and other issues with HOA: 3. Key issue(s)of discussion by City Council: a. HOA issue and any City involvement in potential of annexing property that could be in civil lawsuit in the future: b. Future potential of plat if civil lawsuit does ensue. 4. City Council change(s)to Commission recommendation. a. None Page 10 Page 149 Item#8. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps TEALEY'S LAND 12594 W.Explorer Drive, Suite 160•Boise, Idaho 83713 SURVEYING (208)385-0636 a] Fax(208)385-0696 Project No.:4743 Date. December 22, 2020 ANNEXATION DESCRIPTION FOR PROPOSED AMBLES RUN SUBDIVISION A parcel of land being a portion Lot 26 of Block 1 of Dunwoody Subdivision,as filed for record in the office of Ada County Recorder, Boise,Idaho,in Book 58 at Page 5482, as shown on record of survey No.7837,as filed for record in the office of Ada County Recorder, Boise, Idaho under instrument No- 107033607,lying in the NW 114 of Section 29,TAN., R.1E..B.M-,Ada County, Idaho and more particularly described as follows: Commencing at the West 1f4 corner of said Section 29, marked by an aluminum cap;from which the.Northwest corner of said Section 29, marked by a brass cap,bears North 00°01'36"West 2656.61 feet;thence along the East-West centerline of said Section 29,which is also the North boundary of Vienna Woods No-2 Subdivision North 89°35'30"East 664.68 feet to the Southwest corner of said Lot 25,marked by a 518"iron pin, said point marking the POINT OF BEGINNING;thence along the West boundary line of said Lot 26 North 00°03'17"West 331.00 feet to the Northwest corner of said Lot 26.marked by a 518"iron pin;thence along the North boundary of said Lot 26 North 89'35'30"East 379.11 feet to a 518"iron pin;thence leaving said North boundary South 00'04'37"East 331.00 feet to a 518"iron pin on the South boundary of said Lot 26-.thence along said South boundary South 89°35'30"West 379.24 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel of Land Contains 2.88 Acres, more or less. [ LANB 34 � p OF 1 Page 11 Page 150 LL) ONIdV39 JO S$SVI3 J9 90e A.9C.10.00 N OV08 21AOdD isnDO-1 HiZION > > F4 z Mop S2� m z C3 -TI m x M > 00,;66 A I I'E,0.0,0,'rl? W, >—" 7 cl 1 F > Z Z C3 V) M z c x 3E z N.CHOPIN o AVENUE C: VI I/r IC � II II fs O 00- i'37"E 71 tt) u -------- -------- ------------- 14--=z=.z—�z--------- GARDEN FmMSIRM HOUSE: w:"w a, 5 m K z z J:L——- ibnoD ACIOOMNna 1sv3 4 > z YJ Page 12 Item#8. TEALEY'S LAND 12594 W. Explorer Drive,Suite 150 • Boise, Idaho 83713 SURVEYING (208)385-0636 Fax(208)385-0696 Project No..4743 Date:January 6,2021 ZONE R-2 DESCRIPTION FOR PROPOSE©AMBLES RUN SUBDIVISION A parcel of land being a portion Lot 26 of Block 1 of aunwoody Subdivision,as filed for record in the office of Ada County Recorder, Boise, Idaho, in Book 58 at Page 5482, as shown on record of survey No. 7637, as fled for record in the office of Ada County Recorder, Boise, Idaho under instrument No. 107033607, lying in the IOW 114 of Section 29,TAN., R.1E., B.M.,Ada County, Idaho and more particularly described as follows: Commencing at the West 114 corner of said Section 29, marked by an aluminum cap;from which the Northwest corner of said Section 29, marked by a brass cap, bears North 00`01`36"West 2656.61 feet;thence along the East-West centerline of said Section 29,which is also the North boundary of Vienna Woods No. 2 Subdivision North 89°35'30"East 664.68 feet to the Southwest corner of said Lot 26,marked by a 518"iron pin,said point marking the POINT OF BEGINNING:thence along the West boundary line of said Lot 26 North 00'03'17"West 331.00 feet to the Northwest corner of said Lot 26,marked by a 518"iron pin;thence along the North boundary of said Lot 26 North 89°35'30"East 379.11 feet to a 518"iron pin; thence leaving said North boundary South 00°04'37"'East 331.00 feet to a 518"iron pin on the South boundary of said Lot 26:thence along said South boundary South 89'35'30"West 379,24 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel of Land Contains 2.88 Acres,more or less. 34 ,z � r f1' 4 Page 13 Page 152 Item#8. DNI'dV38 JO SISV9 cra 4 19 9s9z Al.9E.10.00 N o � OVON 3AO80 ArMl Hi?JON g O= z� o m N . Mm, V7 r 60IEE AV.11.E41.Op N h7 't'4 II ' OD � x x I ®c N.CHOPIN�''I _ AV5NU5 o •~ �. I_ IG II ----------a � 'S 00•//0<1'37'E 331.0"p'� .�iN I J ------_-------__ __ __ ______________ _-_ CARDEN E)IIS I m N TOG HOUSE m a Toi N � 1 � m I� e' J vll� ICI 1 G 14 v r m z ----J€L !; 'o----------cr--- 4 w C C w lanOO AQOOMIma lSV3 �q#fl y N C I° m a RI m _ - L, G n Page 14 Page 153 Item#8. B. Preliminary Plat(dated: 12/17/2020)NOT APPROVED DUMADDUI 4 BOON 5BRIIGEr 5.492 ( I y I I rnsrru.r-_tPewrr+a�cw-orF � l 9r.B1TO CTO6"3ENER / FJRIBf E7RFsG1trl- -. ' I K f T9 SLtiiLE . ____ • 379. I --EJ 4 / J -I-�-- 10,53=------------- f----------- _ I a riot----- - 666 7,;[1 v I I $ I T10"eo 9tzPacr l 'I UMFLKiIm w� Y I tPFHCN l I � I � �•� to w It4 i I I�:Ix�s sr � I ls•.�ee sF I $ _� i 9GV.E- 9• .4O' - a< I I so.n' I �Ofal t - I L--- aara[z 4 sn+>:rs vwN II I � I 161o0l�sr I I TO BE TLM wrew WOK 05 PME AW I I I I I Pr�ro�o w¢r-Ntu� I I I I wur suncN I I SM'35'.30"W 1614-16' nor Ml—sa �8 "Nl E t TO[��Sm.6 �' 0.'+NNEGT TO easnwl !'3[NCli lull d 0'YuitA 1a1[ n U LE WOO NO.i BOON 52 PAGE M,fr77 d Page 15 Page 154 Item#8. o!s!3d TT...a 1Vd AW.4 GBbL998I88L13NOHd rseae ouvo,eanvu woos iaav� 41D "��ltlld A2ltlNIW1I321d m NlDishoim Nnu S3-iaWtl `s 'aNl`Sa 33N1:JN3 .�. NOISIAIcs sNnusa 8Ntl S3IVI3OSSV IR 1-IJ 1 .,;z ' fit--T s�- ■r I-° 5 sl I� �I ' I 3 �. . �y jig I,,I �ult� r-'! "J*.�'�� ma a 1wAw i) 6i 'I��. �1 'ICI �Iffl�� Is+�Ie�al .I ry tll 1'� v IIII l III IIIII I�I�I 'Il IIII l LII,I•IIII to r �, � 1 � III• Jil I II I I �,I I III III II F$ N c vi .. Ly - o- Cn W I � Q� k wZ tS 1M4�' a @ � Q s II =o iI 'A R� F R Page 16 Page 155 Item#Ed C. Landscape Plans(date: 12/18/2020)NOT APPROVED !Aid so Q MIN A a A L into ill .1,IF L--------------------------------------- — ----------- 1"EJ ---------------------—--- Joc�I u. 1 Z.11 Q � i � a Q- ----------- Page 17 EEI BLOCK I A" UUNWOODY SUSDIVISION LCT 28 co ------------- v. t f �4 C4) !Lub IA. oL El LOT VIENIrA WOOQD'S: SJE LOT 15 L= 17 IIEI.A 1�DCY32 SURD. NQ. IE, S LOCK L., 10. 2 Page 18 Item#8. D. Conceptual Building Elevation e _' x t � 1 7_q } VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved plat, landscape plan, and conceptual building elevation included in Section VII and the provisions contained herein. Page 19 Page 158 Item#8. 2. The preliminary plat included in Section VII.B, dated December 17,2020, shall be revised as follows with the final plat submittal: a. Revise the pla4 to show an additional stub stfeet from Chapin Avenue to the westem boundafy along the}eft-hex pr-epertline—ate with ^r�nthe widtl��f the stub stfeet seetion right of way. b. Revise the plat to show 10-foot wide parkways with 5-foot wide detached sidewalks consistent with UDC 11-3A-17 and Staff s recommended changes. 3. The landscape plan included in Section VII.D, dated November 18,2020, shall be revised as follows with the final plat submittal: a. Revise t4e plan to show the revised plat layout per-eenditions above. b. Revise the plan to show 10-foot wide parkways. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-4 for the R-2 zoning district. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 6. The Applicant shall comply with all ACHD conditions of approval. 7. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15,UDC 11-313-6 and MCC 9-1-28. 8. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 9. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2) obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Since parcel to the north is not a phase of this project the sewer line needs to end at a manhole at the northern boundary. 1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 1.3 The geotechnical investigative report prepared by Atlas Technical Consultants,LLC dated December 10,2020,indicates some specific construction considerations and recommendations. The applicant shall be responsible for the strict adherence of these considerations and recommendations to help ensure that homes are constructed upon suitable bearing soils,and that surface runoff and subsurface seepage does not become a problem with home construction. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three Page 20 Page 159 Item#8. feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a Page 21 Page 160 Item#8. performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT Page 22 Page 161 Item#8. https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=219178&dbid=0&repo=Meridian C Lty D. SETTLER'S IRRIGATION DISTRICT(SID) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=219200&dbid=0&repo=Meridian C iv E. WEST ADA SCHOOL DISTRICT(WASD) https:Ilweblink.meridiancily.org/WebLink/Doc View.aspx?id=220963&dbid=0&repo=Meridian C Lu F. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=219133&dbid=0&repo=Meridian C hty G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:Ilweblink.meridianciU.org/WebLink/DocView.aspx?id=220007&dbid=0&repo=Meridian C Lu H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:Ilweblink.meridianciU.org/WebLink/Doc View.aspx?id=220032&dbid=0&repo=Meridian C ia I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=220252&dbid=0&repo=Meridian C iu IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-2 zoning district and subsequent development is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and the request for the development will contribute to the range of housing opportunities available within the City and within this area, consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Page 23 Page 162 Item#8. Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has offered their support of the proposed development. 6. The development preserves significant natural,scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 24 Page 163 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement Between Ada County Emergency Medical Services District and City of Meridian as an American Heart Association Training Site Page 164 Item#9. Wd AdaCountyparamedics We ' re in it for Life ! September 24, 2021 Emily Stroud Meridian Fire Department 33 E. Broadway Avenue, #210 Meridian, ID 83642 Dear Emily, Enclosed please find two originals each of the Training Site Agreement for Fiscal Year 2022 between the City of Meridian and the Ada County EMS District. As a Training Center with the American Heart Association, it is our responsibility to have an agreement in place with each Training Site aligned under the Ada County Paramedics. Please complete the section on Page 4 as indicated with the pink flag. Will you please have the originals signed and then return them to me? Once the Board of Ada County Commissioners sign them in an Open Business meeting and the Ada County Clerk attest them, I will return one completed original of each agreement to you. Thank you for your help with this matter. If you have any questions, please feel free to contact me. 4Sincely, C.� Stacy Wi Office Administrator Enc: Training Site Agreement Two Original Documents Shawn Rayne, Chief 370 N. Benjamin Lane • Boise, ID 83704-8498 208-287-2962 phone • 208-287-2999 fax adacountyparamedics.org Page 165 f Item#9. AGREEMENT NO. AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND TRAINING SITE This AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND TRAINING SITE ("Agreement") is entered into this 2�P day of IA� , 20 2�, by and between Ada County Emergency Medical Services District, a duly formed and existing ambulance district pursuant to the laws of the State of Idaho, (hereinafter "District") and the City of Meridian which operates the Meridian Fire Department ("Training Site"), also referred to as "Party" or"Parties." WHEREAS,the District operates Ada County Emergency Medical Services("ACEMS"), which provides emergency medical services to residents of Ada County and is contracted with the American Heart Association(AHA)to serve as a Training Center("Training Center"); and WHEREAS, as a Training Center, ACEMS is authorized to provide Training Center services in Idaho, including the authorization and support of AHA Training Sites, including the Training Site herein, which are developed by individuals, employers, and other community and business organizations, for the purpose of teaching AHA-approved courses in Emergency Cardiovascular Care ("ECC"); and WHEREAS, ACEMS and Training Site wish to enter into this Agreement to set forth the terms of its affiliation. NOW THEREFORE, the Parties agree as follows: I. Obligations of Training Site A. Conduct AHA courses by following the guidelines outlined in the AHA Program Administration Manual ("PAM") https://cpr.hcai-t.oi- /g en/pani and in the relevant, most current AHA Instructor Manuals ("Instructor Manual") for each discipline the Training Site is authorized to teach. B. Comply with the terns of the ACEMS Training Center Policy and Procedure Manual ("TC Manual") C. Meet the same standards as the Training Center with regard to equipment and instructors in each discipline that the Training Site is authorized to teach. Training Site must provide its own equipment and instructors in teaching ECC courses. AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND TRAINING SITE—PAGE 1 Page 166 Item#9. D. Maintain course and instructor records via Enrollware, meeting the same requirements and standards as the Training Center, and submit reports, as requested, to the Training Center. E. Appoint a Training Site Coordinator who meets the defined position requirements, as outlined in the TC Manual, and who is approved by the Training Center Coordinator. Training i Site Coordinator serves as a liaison to the Training Center and must remain reasonably accessible by phone and respond in a timely manner to inquiries or requests from AHA and/or Training Center. F. The Training Site Coordinator must designate and receive Training Center approval of all Training Faculty, for each discipline taught at the Training Site, so that quality monitoring, mentoring, and evaluation of instructors will be met. II. Obligations of the Training Center A. Ensure Training Site compliance with all policies and procedures outlined in the PAM, the TC Manual, and this Agreement. B. Appoint a Training Center Coordinator who serves as a liaison to the Training Site, and who must remain reasonably accessible by phone and respond in a timely manner to inquiries or requests from Training Site Coordinator, C. Ensure that appropriate equipment (as outlined in the relevant Instructor Manual) is available in sufficient quantity, and is in good working order, at each course conducted by the Training Site, or its instructors. D. Conduct regular site visits (minimum of 1 visit every 2 years) to review and audit classes conducted by Training Site to ensure compliance with PAM and TC Manual. E. Assure Training Site receives updated training information, as directed by the AHA. F. Provide AHA course completion eCards in a timely manner (no later than 20 business days following submission of required course completion records). eCards may be purchased from the ACEMS and will not be issued in advance of payment. AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND TRAINING SITE—PAGE 2 Page 167 I Item#9. General Provisions A. The term of this Agreement shall be from October 1, 2021 through September 30, 2022, and may,by a mutually executed writing,be renewed for additional one-year terms commencing October 1 and ending September 30 of the next calendar year. B. This Agreement and its performance shall be construed in accordance with and governed by the laws of the State of Idaho, with venue for any action brought pursuant to this Agreement to be in the Fourth Judicial District, State of Idaho. C. Training Site agrees to maintain the insurance coverages required in Exhibit A and provide ACEMS with a Certificate of Insurance evidencing same or maintain said insurance coverages through a self-insurance program authorized by Idaho law. D. Training Site guarantees District that it will provide all services, programs, or activities under this Agreement in accordance with all applicable federal, state, and local statutes, regulations, and requirements. Further, Training Site agrees to indemnify and defend the District for any loss, expense, or damage of any type experienced by the District as a result of the Training Site's violation of the guarantees given in this section. E. Training Site shall defend, indenmify, and hold the District, ACEMS, its officers, agents, and employees harmless for injuries to persons or property resulting from the negligence or willful conduct of Training Site, its agents or employees in performing the duties described in this Agreement. Likewise, the District shall defend, indemnify, and hold the City of Meridian, Training Site, its officers, agents, and employees harmless for injuries to persons or property resulting from the negligence or willful conduct of District, its agents or employees in performing the duties described in this Agreement. F. This Agreement may be terminated by either Party, for any reason, upon sixty(60) days' written notice. Upon ACEMS's detennination that Training Site is in violation of either the PAM, the TC Manual or this Agreement, and upon its further detennination that said violation cannot be adequately cured within a reasonable period, determined solely by ACEMS, ACEMS may terminate this Agreement immediately and withdraw its authorization for Training Site to provide AHA ECC courses. G. Training Site acknowledges that it is an independent entity from ACEMS and AHA, that it is solely responsible for developing, advertising and conducting its ECC courses at its own location, and that it relies on ACEMS as a provider of record keeping and/or processing course AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND TRAINING SITE—PAGE 3 Page 168 Item#9. I rosters for the issuance of course completion/participation cards,updated AHA content and general oversight of course content and instruction. Except as may otherwise be provided in the PAM or TC Manual, ACEMS accepts no responsibility for the internal business affairs of Training Site or disputes with employees, agents or contractors. ACEMS's responsibilities for resolution of disputes, complaints or problems are limited to those that are made by students, and which arise from courses offered by the Training Site or its instructors. H. Notices concerning this Agreement shall be sent to the following representatives: Ada County Emergency Medical Services 370 N. Benjamin Ln. Boise, ID 83704 r Mobile Phone: Email:ti\�(,Y1Cl�JG �°��1 (�L(ry(' n��� �� y fr✓ Meridian Fire Department Attn: GG [n (yu.) aL�g21ct 33 E. Broadway Ave., #210 Meridian, ID 83642 Mobile Phone: &9-1-/01 -J2.?I/ Email: A hti dr(e% C r�1 Aril�i�I�1 C i�7 . °►� I. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of said entity in accordance with duly adopted organizational documents and, if appropriate, a resolution of the entity, and that this Agreement is binding upon said entity in accordance with its terms. AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND TRAINING SITE-PAGE 4 Page 169 IN WITNESS WHEREOF , the Parties have hereunto executed this Agreement and made it effective as herein above provided . Board of Ada County Emergency Medical Services District B Y / Rod Beck, Commission Bye ya av ' son, Commissioner By Kendra en n, fmissioner ATTEST : C� � v Phil McGrane , Ada County Clerk City of Meridian ED AUGUST Owe �s By : "t ��4 a Cil� ofovert E . Si ison Mayor 10 - 2b - � p� 1 �.�►'� E IDIZ IAN'�-. IDAHO ATTEST : SEAL OYOjthe TREP`'J�� Aa is C ' Jerk , S TC* 1r60n kb AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND TRAINING SITE — PAGE 5 f Item#9. Exhibit A Insurance A. The Training Site, at its sole expense, shall procure and maintain in full force and effect insurance written by an insurance company or companies with AM Best's rating(s) of A VIII or better. All insurance companies must be authorized to do business in the state of Idaho. By requiring insurance herein, Ada County does not represent that coverage and limits are necessarily adequate to protect the Training Site, and such coverage and limits shall not be deemed as a limitation on the Training Site's liability under the indemnities granted to Ada County in this contract. B. Certificates of Insurance evidencing the coverages required herein shall be provided to Ada County EMS prior to the start date of the project. All certificates must be signed by an authorized representative of the Training Site's Insurance carrier and must state that the issuing company, its agents, or representatives will provide Ada County EMS thirty (30) days written notice prior to any policies being canceled or materially changed. Renewal certificates or binders must be provided to Ada County a minimum of five (5) days prior to the effective date of the renewal. If binders are used, they must be replaced by appropriate insurance certificates no more than thirty(30)days after the effective date. C. Certificates must evidence the following minimum coverages: 1. WORKERS' COMPENSATION insurance meeting the statutory requirements of the State of Idaho. 2. EMPLOYERS' LIABILITY insurance providing limits of liability in the following amounts: Bodily Injury by Accident: $100,000 each accident Bodily Injury by Disease: $500,000 policy limit Bodily Injury by Disease: $100,000 each employee 3. COMMERCIAL GENERAL LIABILITY insurance providing limits of liability in the following amounts: General Aggregate: $2,000,000 Product/Completed Operations Aggregate: $2,000,000 Personal&Advertising Injury Liability: $1,000,000 Per Occurrence: $1,000,000 Fire Legal Liability: $ 50,000 AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND TRAINING SITE—PAGE 6 Page 171 Item#9. The Commercial General Liability ("CGL") insurance policy shall be written on an "Occurrence"form and shall cover liability arising from premises,operations,independent contractors, products, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract).Ada County and its elected officials,agents,employees,successors and assigns shall be included as Additional Insureds under the CGL using ISO endorsement CG 20 10. The Additional Insured endorsement CG 20 10, or its equivalent, must be provided with the certificate of insurance. 4. PROFESSIONAL LIABILITY insurance with limits of not less than $1,000,000 per claim and $1,000,000 aggregate. If the insurance required by this section is obtained through a"Claims Made"policy, this coverage or its replacement shall have a retroactive date of no later than the inception of this Agreement. Such insurance or its replacement shall also provide a minimum of five (5) years extended reporting coverage, or the maximum time under the State of Idaho statute of limitations for claims under this coverage,whichever is greater, after the Services are last provided under this Agreement. Each of the Training Site 's subcontractors, independent contractors, and suppliers shall procure and maintain equivalent insurance coverage as described in subparagraphs 1 through 4 above and certificates evidencing such coverage must be presented to the Training Site before the subcontractors, independent contractors,or suppliers are permitted on the site of the project. If the subcontractors, independent contractors, and suppliers do not have the required insurance, the Training Site's policies must provide equivalent coverage for the subcontractors, independent contractors, and suppliers and their work. AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND TRAINING SITE—PAGE 7 Page 172 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement Between the City of Meridian and the Idaho Humane Society for Extension of Term of Fiscal Year 2021 Animal Welfare and Enforcement Agreement Through December 31, 2021 Page 173 tram#�o. Contract Extension City of Meridian and Idaho Humane Society The following changes are hereby made to the FY21 Animal Welfare and Enforcement Agreement between the City of Meridian and the Idaho Humane Society: DESCRIPTION: This 3-month extension will allow additional time for the City of Meridian and Idaho Humane Society to review the fees for FY22 services. During this 3-month extension period all terms of the FY21 contract remain in effect. PRICE ADJUSTMENT: Original contract term was 10/1/20-9/30/21. Current extension term will be 10/01/21 - 12/31/21. ITEM{ EXTENSION COST 3 Month Extension $42,658.58/month APPROVED BY: CONTRACTOR NAME&ADDRESS: 10-26-2021 Idaho Humane Society ROBERT E.SIMISON,MAYOR DATE 1 300 S Bird St. BOISE,IDAHO 83709 ATTEST: 10-26-2021 ,\�{r< �T 10120 J,0,r CRY CLERK Cris Johnson DATE JEFFROSENTHAL 1 DATE 1 PRINT NAME&TITLE Page 174 Item#11. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Donation Agreement Between City of Meridian and Together Treasure Valley to Support a New Cornhole Amenity in Settler's Park Page 175 Item#11. Mayor Robert E. Simison E11[ IDLIAN�� City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault H 0 Luke Cavener Liz Strader October 19, 2021 MEMORANDUM TO: Mayor Robert Simison & City Council Members FROM: Steve Siddoway, Parks & Recreation Director RE: Together Treasure Valley Grant Background Earlier this summer, we had the opportunity to apply for a grant from Together Treasure Valley to add permanent cornhole boards in Settlers Park. We were recently notified by Together Treasure Valley that the project was selected for funding, with a $9,500 grant. They would like to present the check and announce the award for all grant recipients on October 28. For more details,the application text is included below. The fund recipient agreement has been reviewed and approved by the Legal department. Proposal We propose to approve the Together Treasure Valley Fund Recipient Agreement and a budget amendment to add those funds to our budget. Additional Details from the Application The Meridian Parks and Recreation Department would like to request Together Treasure Valley funding for a proposed new cornhole amenity which would enhance the recreation opportunities available to Treasure Valley families and residents of all ages in Meridian's Settlers Park, located at 3245 N. Meridian Road. Settlers Park is a 58-acre regional park centrally located in north Meridian, right in the heart of the Treasure Valley. It is heavily utilized by youth and teen athletic teams due to its large number of grass playing fields. It is also home to the award-winning all-abilities Adventure Island Playground, a large splash pad, a tennis/pickleball complex,fishing pond, children's sound garden, tournament-caliber horseshoe pits, and a concession stand and restroom.A number of large community events are also held at the park, including popular summertime Friday night movie showings on a gigantic inflatable outdoor movie screen. Page 176 Item#11. With your funding assistance, we would like to expand the park's outdoor activity offerings by installing five sets of permanent concrete cornhole courts in Settlers Park.The cornhole courts could be utilized on a first-come,first-served basis by the public and/or be used for occasional league or tournament play. Players could bring their own corn-filled "beanbags"to play with and we could also have bags available for check-out from our concession stand during its regular hours of operation. For anyone who might be unfamiliar with the game of cornhole (sometimes known as bags, sack toss, or bean bag toss), it is a backyard style lawn game in which players take turns tossing 16-ounce bags of corn kernels at a gently sloped platform with a hole in the far end.The two boards which comprise a cornhole "court" are placed approximately 27 feet apart (regulation distance). A bag in the hole scores 3 points, while one that lands on the board scores 1 point. Play continues until a team or player reaches or exceeds the score of 21. Cornhole can be played solo, but it generally intended for 2 to 4 players. It is a popular game enjoyed by people of all ages. We have identified Kay Park and Recreation, a provider of outdoor commercial and park furnishings, as the best source of concrete cornhole boards that are ACA(American Cornhole Association) regulation size and slope.The logos of Together Treasure Valley and the City of Meridian could be added to each concrete board to personalize them. We would also want to install a sign introducing the cornhole amenity and the rules for its use. In all, we are requesting a grant of$9,500,the full price of the project,to purchase the cornhole boards and sign. Additional funding for this project is not readily available through the City of Meridian or any other sources at this time. If approved for this purchase, we would order the concrete cornhole boards and sign right away and they could be installed by members of the Meridian Parks and Recreation Department's maintenance staff, most likely within 4-6 weeks after the initial order is placed. We feel this cornhole amenity would benefit Treasure Valley residents in a variety of ways.We believe people are social creatures. We thrive amongst company; we like to be surrounded by friends and acquaintances, and enjoy meeting new people. Games such as cornhole bring people together and meet their social needs,their health and fitness needs, and their occasional need for good-natured competition. It has been suggested that when people play games such as cornhole and focus on strategies to win the game,they utilize productive thinking, which can boost cognitive skills and improve confidence. Plus, cornhole is a low-cost or no-cost activity that individuals of nearly all fitness levels, ages and abilities can take part in. Compared to other sports and games, cornhole also has very few rules and is easy to understand. The Meridian Parks and Recreation Department is committed to helping the approximately 130,000 residents of Meridian, Idaho, enjoy high quality living, complete with opportunities to experience outstanding recreation activities and park facilities that help them stay healthy and fit; build relationships with family,friend and neighbors; and develop a deep sense of community pride. We're confident this new addition to Settlers Park, centrally located in the heart of the valley, would truly be an asset that would be used and enjoyed by residents and visitors of all ages for many, many years to come. Page 177 DONATION AGREEMENT TO SUPPORT A NEW CORNHOLE AMENITY IN MERIDAN'S SETTLERS PARKS BY AND BETWEEN THE CITY OF MERIDIAN AND TOGETHER TREASURE VALLEY This Agreement for the acceptance of funds for the purchase,installation,and maintenance of five sets of permanent concrete cornhole courts and related signage ("Amenity") in Settlers Park,located at 32425 N.Meridian Road,Meridian,Idaho,("Agreement"),by the City of Meridian ("City") is made this 5th day of November, 2021,by and between the City and Together Treasure Valley, an Idaho Communities Initiative ("TTV") (collectively"The Parties"). WHEREAS, the City desires to add a new Amenity in Settlers Park to enhance the recreation opportunities available to Treasure Valley families and residents of all ages, on a first-come, first- served basis by the public and/or to be used for occasional league or tournament play. WHEREAS,TTV supports the creation of the new Amenity in Settlers Park and desires to donate funds toward the Amenity, the development and installation of which shall be the sole and exclusive responsibility of the City; WHEREAS,the funds donated by TTV shall be paid to the City,to purchase, install and maintain the Amenity. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and TTV agree as follows: 1. DONATION OF FUNDS BY TTV. TTV will donate nine thousand, five hundred dollars ($9,500.00) (hereinafter "Donation") to support the addition of the new Amenity in Settlers Park per the terms set forth in this Agreement. These funds will be paid to City for the new Amenity and are the full and only amount of the funds to be provided by TTV. Any costs greater than the amount TTV is providing, are not the responsibility of TTV, regardless of the nature of the costs, which are the sole responsibility of the City. TTV is not liable for and has no responsibility for the Amenity or any related costs, damages, claims, fines, losses, or other liabilities. 2. FACILITIES. The parties agree that Settlers Park is an appropriate location for the Amenity. City shall provide TTV with regular updates on the development of Amenity. TTV agrees and understands that the City retains sole discretion in the design, development, construction, maintenance, and operation of the facilities. 3. TERM. This Agreement shall commence upon execution of this Agreement and does not expire,unless agreed to in writing by both parties. 4. PROPERTY INTEREST NOT CREATED. Parties agree that this Agreement shall in no manner create any property interest in the facilities or associated properties by TTV.City retains all rights with respect to the facilities and operation thereof except as expressly provided herein. 5. TTV RECOGNITION. In consideration for the Donation toward the new Amenity, the Parties agree that TTV will be included in a City press release and kick-off announcement of the Amenity. TTV logo and City logo will be added to each concrete board to personalize them. City will also install a sign,recognizing TTY's donation and introducing the Amenity and the rules for its use. Use of the TTV logo is pursuant to TTV's logo guidelines. In addition, this Agreement and funding is contingent on the following: -Completion of the new Amenity no later than June 2022. -The new Amenity, including signage and TTV recognition,will be maintained for a minimum of ten years. -TTV logos may only be used by the City in accordance with the terms set forth above and TTV's guidelines. 6. INDEMNIFICATION. City agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless TTV, Idaho Statesman, TTV sponsors, McClatchy Shared Services, LLC, and The McClatchy Company, LLC, and their affiliates, officers, directors, agents, employees,donors and/or representatives("TTV Indemnities")from any and all liability,damages and/or claims which may be brought against TTV Indemnitees for any claim, damages, losses, fines, settlements, judgments, rulings, costs (including attorneys' and other legal expenses) intentional acts,negligence, and/or omission in connection with this Agreement, including but not limited to any construction delays, injuries or property damage,violations of law, or breach of this Agreement. 7. TERMINATION AND REFUND. TTV may terminate this Agreement and obtain a refund of the Donation,or any amounts donated by TTV within thirty(30)days upon written notice to the City if the City does not meet the terms or timelines as outlined in this Agreement. City may terminate this Agreement if unable to meet the terms of the Agreement and written notice is given to TTV by December 1, 2021. Should either party terminate this Agreement as provided herein, City shall refund to TTV the entire Donation, or any amount collected from TTV under this Agreement within thirty(30) days after such termination or expiration of the Agreement. 8. ENTIRE AGREEMENT and AMENDMENT. This Agreement constitutes the entire agreement of the parties and is the complete and exclusive agreement between the Parties. This Agreement shall not be amended and/or altered except by mutual written consent, executed by City and TTV. 10. NOTICE. All notices under this Agreement shall be in writing via certified or overnight mail to the Party's last known address. 11. SEVERABILITY, WAIVER AND ATTORNEY'S FEES. This Agreement and any Addenda make up the entire agreement between the Parties. In the event any part of this Agreement is invalidated by reason of law or government regulation, the remaining provisions of this Agreement shall remain in full force and effect. No obligation or rights under this Agreement shall be waived except with the written consent of the Party waiving such right. In the event of any dispute arising under this Agreement, the prevailing Party shall be entitled to its attorneys' fees. The proper venue for any dispute shall be state or federal courts located in Boise, Idaho, and this Agreement shall be governed by the laws of the State of Idaho. CITY OF MERIDIAN APPROVED BY: Date Date TOGETHER TREASURE VALLEY APPROVED BY: Date Nov 5,2021 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Purchase Order 22-0104 to Hughes Fire Equipment for three (3) new Fire Engines for the Not-To-Exceed amount of$2,059,641.99 Page 182 Item#12. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Division Meeting Date: November 2, 2021 Presenter: Consent/Justin Winkler Estimated Time: N/A Topic: Approval of Purchase Order 22-0104 to Hughes Fire Equipment for three (3) new Fire Engines for the Not-To-Exceed amount of$2,059,641.99 Recommended Council Action: Approval of Purchase Order 22-0104 and authorize the Procurement Manager to sign and issue the PO for$2,059,641.99. Background: This PO is issued against the HGACBuy Cooperative Contract#FS12-19 per Idaho Statute 67-2807. Page 183 Item#12. IDIAN Purchase Order 10/25/2021 22-0104 Attention: Justin Winkler CITY OF MERIDIAN BillingAttn: Finance 33 E Broadway Ave 33 EAST BROADWAY AVE. Address: Meridian, ID 83642 MERIDIAN, ID 83642 (208) 888-4433 Shipping City of Meridian Fire Dept. Vendor Address: Address: 33 E. Broadway Ave, Ste. 210 Meridian, ID 83642 HUGHES FIRE EQUIPMENT INC 910 SHELLEY ST SPRINGFIELD, OR 97477-1975 Shipping Method: Contractor FOB: Destination Pre-Paid Description Unit Quantity Unit Price Total 22-0104 Pierce Enforcer Pumper Truck(Replacement) Ea. 1.00 686,547.33 686,547.33 22-0104 Pierce Enforcer Pumper Truck(Stn 7) Ea. 1.00 686,547.33 686,547.33 22-0104 Pierce Enforcer Pumper Truck(Stn 8) Ea 1.00 686,547.33 686,547.33 Purchase Order Total: $2,059,641.99 Purchasing Manager: Special Instructions 3 Pierce Enforcer 4-Door,Alum. Cab & Body, Single Axle Fire Engines per HGAC/Buy Coop Contract#FS12-19 and quote/HGAC Worksheet dated 9/27/2021 & price verification by Shantra Wilson. Not-To-Exceed $2,059,642 Approved by Council 11/2/21 Ticket#68194 Page 184 Item#12. HGACBuyCONTRACT PRICING WORKSHEET Contract FS12-19 Date 09/27/21 For MOTOR VEHICLES Only No.: Prepared: This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Buying Agency: :City of Meridian contractor: ;Hughes Fire Equipment Inc./Pierce Manufacturing,Inc. Contact Justin Winkler Prepared Scott Krueger Person: By: Phone: 208-888-1234 Phone: 541-747-0072 Fax: Fax: 541-747-0073 Email: jwinklerkrneridiancity.org_ Email: skruegerkhughesfire.com Email: edorceygpiercemfg com Product FS19VC07 Descr;pt;on: Pierce Enforcer,4-Door,Full-Tilt,Aluminum Cab,Aluminum Body,Single Axle,1250 GPM Pump,Mid- .Codc: Mounted Pumper $ 530,667.00 Description Cost Description Cost Subtotal From Additional Sheet(s): $132,756.00 Subtotal B: € 132,756.00 Description Cost Description Cost Subtotal From Additional Sheet(s): $71,204.66 Subtotal C: 71,204.66 Check:Total cost of Unpublished Options(C)cannot exceed 25%of the total of the Base Unit For this transaction the percentage is: 10.73% Price plus Published Options(A+B). Quantity Ordered: 7-77 X Subtotal of A+B+C: 734,627.66 = Subtotal D: 2,203,882.98 Subtotal E: 2,000.00 Description Cost Description Cost Delivery 15,000.00 Pre-Payment Discounts (85,491.00) Performance Bond 5,243.00 Inspection Trips 11,100.00 Preferred Customer Discount (92,092.98) Subtotal F: (146,240.98) 12/15/2022 2,059,642.00 Page 185 Item#12. Pulse Published Unpublished Number Qty Description Options Options 102 1 Add Frame Liner Custom 1,902.00 109 -1 TAK-4 Suspension (17,788.00) 106 1 upgrade to 27,000#rear axle 2,295.00 117 1 Tire Chains- Rear Axle 4,580.00 149 1 EVS 3000 TO 4000 10,130.00 159 1 Add Extended Bumper 2,448.00 170 1 Raised roof, custom cab 2,516.00 175 1 Electric Windows 2,195.00 186 3 EMS Compartment in Cab 8,391.00 174 1 Mounting plate on engine tunnel 529.00 188 -2 Upgrade SCBA Bracket to Hands Free (1,608.00) 566 2 Each Portable Hand Light w/Mounting Brackets 290.00 208 6 Spare 12 volt power(each) 876.00 231 1 Intercom System (BASIC) 2,624.00 221 1 Camera System Rear only 1,140.00 249 1 Batteries 6 total 1,114.00 241 1 Kussmaul Pump plus 2,791.00 245 1 Auto-eject 20 amp 567.00 265 2 12 volt LED Flood Pole light(per light) 4,160.00 278 1 Additional Hosebed Divider 559.00 367 1 Poly Tray additional 575.00 292 1 Full Height- Depth Compartments 6,073.00 310 9 Adjustable Compartment shelves 1,890.00 316 3 jAdjustable slide-out tray 2,280.00 314 5 Slide-out floor tray 4,415.00 312 1 Swing-out tool board 1,932.00 321 2 Horizontal Partition 622.00 320 1 Vertical Partition 280.00 309 19 Mate Flex in Enclosed Compartments Per Shelf 2,546.00 319 3 PegBoard in compartment 1,752.00 307 2 trough -hard suction (each) 3,472.00 327 -2 SCBA Cylinder storage in fender panel triple (each) (2,012.00) 291 1 Add Electric/Hydraulic Ladder Rack 11,294.00 391 1 Add Top Pump Control 8,844.00 324 1 14 Drawer C-Tech 48 wide 3,082.00 338 1 Add Mechanical Seal to Pump 926.00 337 1 add pump anodes (pair) 380.00 347 1 Add Front Suction Inlet 4-6" 7,603.00 349 1 1.5"discharge 1,527.00 357 1 Extenda-gun 18" 4,477.00 363 1 1 Provide (2)Speedlays w/Tray's IPO Crosslay with Rollers 8,134.00 369 1 Hose Reel, above pump w/ 150' Hose 3,505.00 378 1 Pierce Husky 3, Single Agent(3)discharges 10,732.00 382 1 Foam Cell 20 Gallons 1,644.00 422 1 Q213 Siren 4,322.00 424 1 GTT Emitter Roof/remote mounted 5,211.00 428 1 ITraffic Directing light bar"A" 1,610.00 461 2 Electrical Receptacle duplex(per each) 15 or 20 amp 628.00 495 1 Two-tone Cab paint 2,341.00 504 1 Graphics Upgrade 2 2,960.00 0729280 1 Frame Rails, 13.38 x 3.50 x .375, Enforcer 12,111.91 0019611 1 Wheels, Front,Alcoa, 22.50"x 12.25",Aluminum, Hub Pilot 980.62 0001960 1 1 jAxle Hub Covers, Rear, S/S, High Hat(Pair) 218.22 0743490 1 1 jEngine, Paccar MX13, 510HP, 1850 lb-ftW/OBD, EPA 2021, Enforcer 21,838.51 Page 186 Item#12. Pulse Published Unpublished Number Qty Description Options Options 0698720 1 Fuel Cap Retaining Chain With Holder 47.58 0620614 1 Tray, (1) Hose Right Side of Bumper, 13" Deep 414.06 0628336 1 Tow Eyes, Painted, Below Deck, Color Feature 343.50 0558109 1 Notch, Front For Recessing Of Q2B, Painted Bumper 1,006.95 0532853 1 Recess, Side Zone Warning Light, In Side of Extended Bumper 437.84 0698960 1 Coating, Top Flange, Front Bumper, Outside Exterior, Line-X Coating, Black 421.08 0012226 1 Scuffplates, S/S Corner Guard, Polished, Rear Cab Corners 429.09 0557023 1 Handrail, 10", Below Cab Windshield, Pair 451.53 0673394 2 Handrail, Extra- 15-20" Long 431.90 0042105 1 No Windows, Side of Crew Cab (279.09) 0607899 1 Scuffplate, Polished S/S, Bottom of Door Frame, Each 530.66 0698725 1 Compt, Backboard Storage, (1), Mounted to back of cab 1,289.32 0604647 1 Box, Alum 4-Way to Mount Model 22 Lil'Giant Ladder w/Straps 556.62 0522268 1 Add Cables To Crew Cab Compartment Doors 252.79 0750824 1 Cab Interior, Vinyl Headliner, Saber FR/Enforcer, CARE (243.79) 0002508 1 Map Box, 3 Bin/30 deg Slant, Custom Chassis 449.12 0898414 Seat, Fwd Facing C/C, Ctr, (2) PSV, SCBA, 17" Btm, Safety, 11"Sp, 1 897.58 Riser,SFR/Enf 0006264 1 Box, Glove, 8 W x 3.50 H x 11 L 465.77 0622994 1 Compt, Storage, (2) Rear Facing, Overhead, 21 W x 10 H x 34 D, Saber 996.02 FR/Enforcer 0766467 4 Upholstery, Seats In Cab,All Vinyl, Seats Inc, CARE 275.82 0032602 1 Speedometer, Class 1 w/LED, Officer Overhead 548.49 0505836 2 Antenna Mount, Custom Chassis, Maxrad BMATM, Location Feature 134.72 0778024 1 Antenna,Antenna Plus AP-IBR1100-Q-* 629.98 0511071 1 Guard,4-Way, Rear Vision Camera 116.26 0530949 1 Location, Bat Chrg Ind, Driver's Seat Riser 91.83 0026800 1 Shoreline Location 91.66 0056200 2 Mounting, Light, Recess (each) 536.79 0709403 1 Lights,Walk Surf,Wln MPBW, LED 735.89 0648352 1 UPF Poly Tank III Features, Color Coded Domes-Water/Foam Tank 1, 183.65 Tanknology Tag 0024432 1 Modified Poly Tank for Single Full Depth Compt 380.57 0055675 1 Cross-Divider, Hose Bed, "L"Shaped (135.31) 0011121 1 Deflector, Hose, 4", Rear of Hose Bed,Aluminum Treadplate (79.92) 0097958 1 Shelf, Permanent, Hose Bed 361.07 0567581 1 Stop, Rear of Hose Bed, Size 110.52 0591033 1 Hose Restraint, Hose Bed,Vinyl, Top and Rear 714.36 0014473 2 Flap,Access to Fill Dome(s)Through Vinyl Hose Bed Cover 367.36 0630253 1 Tailboard, 20" Deep, Full Width, Extended Substructure,Angled Corners 1,245.97 0590926 2 Hose Restraint, Running Board,Velcro Straps 249.02 0544667 1 Tray, Hose, Running Board, Soft Suction, "Free Floating" Forward Tapered 1,293.94 Tray 0658192 1 LS 152" Lap, Full Height Front& Rear, FDLER, Double Door Over Wheel 1,260.60 0898398 1 lCompt, Flush Rear, Double Dr, 37.75" FF,41.88" D, 2" Header 1,568.76 0073910 1 Doors, Lap w/"D" Handles-Rear Compt 149.00 0016023 1 Scuffplate, Polished S/S On Rear Outside Edge of Body 527.60 0003919 1 Reverse Hinge Compartment Door 253.78 0004010 6 Scuffplate, Polished S/S Bottom of Door Frame 821.45 0004012 10 Scuffplate, Polished S/S, Inside Each Compt Door 1,819.87 0003934 1 Dust Filter, Compt Louvers 91.84 0004016 1 Rub Rail,Aluminum Extruded, Side of Body (244.40) 0012161 1 Handrail, Beavertail, LS (160.48) 0626124 1 Handrails, Rear, (2)Below Hose Bed, Special Location 226.37 Page 187 Item#12. Pulse Published Unpublished Number Qty Description Options Options 0004154 2 Handrail, Extra- 10" Long 454.13 0785102 1 Steps, Folding, Front of Body, Cargo Bed Access,w/LED, Trident 814.47 0045500 1 Raise Pump House Structure, Top Control 569.34 0000515 1 Divider, Cargo Area Above Pump 343.94 0527222 1 Controller, Pressure, FRC, INCONTROL, TGA300, Control Buttons 1,037.45 0641743 1 Primer, Waterous, VPO Motor, (1)VAP Valve, (1) Push Button Control 221.06 0532614 1 Control, Front Inlet, Electric, Waterous,w/Override 1,275.14 0737984 1 Valve, Relief Intake, Front Inlet,Waterous 714.60 0732444 1 Swivel, Front Inlet,4.00"to 6.00",w/Drain 1,662.73 0025140 1 Not Required, 1.50"Crosslays (4,512.08) 0500535 1 Not Required, Hose Restraint, Crosslay (318.22) 0752410 1 Hose Restr, Spoly,Vinyl, Bottom Anchored 293.51 0019853 -1 Crosslays, 8.00" Lower Than Standard -Control Zone w/9.00" Raised PH (713.25) 0005282 1 Switch, Reel Rewind -Stirrup Type, 1 Reel/2 Sw 571.00 0015300 1 No booster Hose Required (1) Reel (894.91) 0622237 1 Roller Assembly,Additional 580.18 0025573 1 Panel, Pump Access- Both Sides and Front, Top Mount 442.44 0005945 1 Light, Pump Compt (151.54) 0586438 1 Gauges, Engine-Pump Panel, AT Pressure Controller 510.07 0562824 1 Indicator Lights @ Pump Panel, Electronic Engines, IAT Pressure Controller 164.36 0622368 1 Control,Air Horn At Pmp Pnl, Red Button, Labeled "Evacuation", No Interlock 176.98 0062992 1 Gauge, Foam Level, (1)Tank, Class 1, GAAAR 51t 573.55 0648885 1 Light Shield, Top Mt, LED Strip Lights 149.86 0757092 1 Control,Air Horn, Multi Select (390.65) 0757077 1 Control,Air Horn, Lanyard, LS 131.32 0757076 1 Control,Air Horn, Lanyard, RS 131.32 0748282 1 Control Mech Siren, Ft Sw LS 130.17 0731979 1 Control Mech Siren, Chrome Push Button Sw, RS 130.17 0740391 1 Sw, Siren Brake, Momentary Chrome Push Button, RS 234.93 0737437 1 Sw, Siren Brake, Momentary Red, Pnl 9, Saber FR/Enf 234.93 0734071 1 Lights, Front Zone, Win M6** M6** M6** M6** LED, Q Bzl, 41ts 1,062.53 0747228 1 1 Lights, Side Zone Lower, Wln M6**, M6**, M6**, 61-ts 770.56 0662115 1 Lights, Door Interior Flash,4 Dr Cab, WIn ION* LED, Clear Lens 927.56 0622791 1 Lights, Side, Wln M9V2**2nd 1,450.35 0622914 1 Lights, Side, Wln M9V2** 1st 1,450.35 0670078 1 Lights, Side, Wln WIONSMC* LED, Chrome Flange, 2nd 550.77 0670079 1 Lights, Side, Wln WIONSMC* LED, Chrome Flange, 1st 550.77 0025876 1 1 Mtg, Rear Warn Lts, LS S/S to Match RS, RS-S/S Ladder Lock Encl 275.47 0529910 1 Location, Traf Dir Lt, Under Treadplate Step, In Treadplate Box 467.57 0530281 1 Location, Traf Dir Lt Controller, Center Console in Sw Pnl 58.46 0687653 1 Paint, Rear Wheels, Single Axle,Alum-Stl 196.27 0529225 1 Manuals, Two(2)CD, Fire Apparatus Parts, Custom Chassis 187.58 0531636 1 Manual, (2)CD, Chassis Service, Custom 474.55 Base Bid $530,667.00 Published Options $132,756.00 Total Published Options $663,423.00 Unpublished Options $71,204.66 0.11 Total Options w/o HGAC Fee $734,627.66 Page 188 Item#12. NGAGUY�� Helping Governments Across the Country Buy THE SMART PURCHASING SOIUTIGNPO Box 22777.3555 Timmons Ln.•Houston,Texas 77227-2777* 1-800-926-0234 CONTRACT PRICING VERIFICATION TO: FROM: Justin Winkler Shantra Wilson END USER: DATE: City of Meridian (ID) 1021 2021 PHONE NUMBER: 208 888 1234 832 681 2667 RE: REFERENCE: Price Verification FS19VC07 - PIERCE ENFORCER GPM 1250 MID MOUNTED PUMPER We have reviewed the pricing provided through HGACBuy Contract FS12-19. Our review verifies that the pricing provided is in compliance with the contract. Once a purchase document is executed for this order, please send a completed compilation of all required documents for HGAC processing. Please advise if we can assist further in this matter. **********This is not an Order Confirmation********* CENTRAL FAX# 713.993.4548 Page 189 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 21-2295: A Resolution of the Mayor and the City Council of the City of Meridian, Reappointing John Nesmith to Seat 5 and Spencer Martin to Seat 6 of the Meridian Impact Fee Advisory Committee, and Providing an Effective Date Page 190 Item#13. CITY OF MERIDIAN RESOLUTION NO. 21-2295 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING JOHN NESMITH TO SEAT 5 AND SPENCER MARTIN TO SEAT 6 OF THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Meridian,by the passage of Resolution No. 06-1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and WHEREAS, that Resolution No. 10-740 passed on September 7, 2010 further established the members and terms of appointments for the Meridian Impact Fee Advisory Committee; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to reappoint John Nesmith to Seat 5 and Spencer Martin to Seat 6 of the Meridian Impact Fee Advisory Committee; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That John Nesmith is hereby reappointed to Seat 5 and Spencer Martin is hereby reappointed to Seat 6 of the Meridian Impact Fee Advisory Committee for three year terms to run through September 30, 2024; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 26th day of October, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 26th day of October, 2021. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR REAPPOINTMENTS OF NESMITH AND MARTIN TO THE IMPACT FEE ADVISORY COMMITTEE Page 191 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Preliminary City of Meridian Financial Report - September 2021 Page 192 Item#14. CITY of MERIDIAN PRELIMINARY FINANCE REPORT September 2021 - FY21 NOTE: Final report will be available after completion of Financial Audit in January 2022 Report PAGE # Investment Graphs 2 Fund Balance 3 �I;Itlf it rII � � � IT 14 isll �TiunnnnnmuT` enTnTniu�u�u�� nnnm Page 193 F:\Monthly Reports\Finance Reports\FY2021\FY21-12 Sep Council Report 1 of 3 Item#14. ��E IDIAN� As of September 30, 2021 [D A H O City of Meridian Investment Portfolio CITY OF MERIDIAN INVESTMENT PORTFOLIO YIELD BY INVESTMENTTYPE IDAHO STATE '0.12% POOL IDAHO BOND FUND 17�9 r CASH 0.00% FIB 0.15% ■FIB MoneyMarket$1,647,765 ■Cash$10,420,279 MONEYMARKET n Idaho Bond Fund$71,390,545 ■Idaho State Pool$115,434,665 0 City of Meridian I nterest/Investment I ncome City of Meridian Cash/I nvestments Balance by Major Fund by Major Fund $600,000 $120,000,000 $500,000 $100,000,000 $400,000 — $80,000,000 $300,000 $60,000,000 $200,000 $40,000,000 $100,000 $20,000,000 $0 General Enterprise General Fund Enterprise Fund ■Total Budget ■Actual YFD ■FY21 ■FY20 Page 194 F:\Monthly Reports\Finance Reports\FY2021\FY21-12 Sep Council Report 2 of 3 is Item#14. C f1E IDIAN - 'oAHO September 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 195 F:\Monthly Reports\Finance Reports\FY2021\FY21-12 Sep Council Report 3 of 3 Fund Balance Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of$9500.00 for Together Treasure Valley Grant for Cornhole Boards at Settlers Park Page 196 Item#15. Mayor Robert E. Simison E11[ IDLIAN�� City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault H 0 Luke Cavener Liz Strader October 19, 2021 MEMORANDUM TO: Mayor Robert Simison & City Council Members FROM: Steve Siddoway, Parks & Recreation Director RE: Together Treasure Valley Grant Background Earlier this summer, we had the opportunity to apply for a grant from Together Treasure Valley to add permanent cornhole boards in Settlers Park. We were recently notified by Together Treasure Valley that the project was selected for funding, with a $9,500 grant. They would like to present the check and announce the award for all grant recipients on October 28. For more details,the application text is included below. The fund recipient agreement has been reviewed and approved by the Legal department. Proposal We propose to approve the Together Treasure Valley Fund Recipient Agreement and a budget amendment to add those funds to our budget. Additional Details from the Application The Meridian Parks and Recreation Department would like to request Together Treasure Valley funding for a proposed new cornhole amenity which would enhance the recreation opportunities available to Treasure Valley families and residents of all ages in Meridian's Settlers Park, located at 3245 N. Meridian Road. Settlers Park is a 58-acre regional park centrally located in north Meridian, right in the heart of the Treasure Valley. It is heavily utilized by youth and teen athletic teams due to its large number of grass playing fields. It is also home to the award-winning all-abilities Adventure Island Playground, a large splash pad, a tennis/pickleball complex,fishing pond, children's sound garden, tournament-caliber horseshoe pits, and a concession stand and restroom.A number of large community events are also held at the park, including popular summertime Friday night movie showings on a gigantic inflatable outdoor movie screen. Page 197 Item#15. With your funding assistance, we would like to expand the park's outdoor activity offerings by installing five sets of permanent concrete cornhole courts in Settlers Park.The cornhole courts could be utilized on a first-come,first-served basis by the public and/or be used for occasional league or tournament play. Players could bring their own corn-filled "beanbags"to play with and we could also have bags available for check-out from our concession stand during its regular hours of operation. For anyone who might be unfamiliar with the game of cornhole (sometimes known as bags, sack toss, or bean bag toss), it is a backyard style lawn game in which players take turns tossing 16-ounce bags of corn kernels at a gently sloped platform with a hole in the far end.The two boards which comprise a cornhole "court" are placed approximately 27 feet apart (regulation distance). A bag in the hole scores 3 points, while one that lands on the board scores 1 point. Play continues until a team or player reaches or exceeds the score of 21. Cornhole can be played solo, but it generally intended for 2 to 4 players. It is a popular game enjoyed by people of all ages. We have identified Kay Park and Recreation, a provider of outdoor commercial and park furnishings, as the best source of concrete cornhole boards that are ACA(American Cornhole Association) regulation size and slope.The logos of Together Treasure Valley and the City of Meridian could be added to each concrete board to personalize them. We would also want to install a sign introducing the cornhole amenity and the rules for its use. In all, we are requesting a grant of$9,500,the full price of the project,to purchase the cornhole boards and sign. Additional funding for this project is not readily available through the City of Meridian or any other sources at this time. If approved for this purchase, we would order the concrete cornhole boards and sign right away and they could be installed by members of the Meridian Parks and Recreation Department's maintenance staff, most likely within 4-6 weeks after the initial order is placed. We feel this cornhole amenity would benefit Treasure Valley residents in a variety of ways.We believe people are social creatures. We thrive amongst company; we like to be surrounded by friends and acquaintances, and enjoy meeting new people. Games such as cornhole bring people together and meet their social needs,their health and fitness needs, and their occasional need for good-natured competition. It has been suggested that when people play games such as cornhole and focus on strategies to win the game,they utilize productive thinking, which can boost cognitive skills and improve confidence. Plus, cornhole is a low-cost or no-cost activity that individuals of nearly all fitness levels, ages and abilities can take part in. Compared to other sports and games, cornhole also has very few rules and is easy to understand. The Meridian Parks and Recreation Department is committed to helping the approximately 130,000 residents of Meridian, Idaho, enjoy high quality living, complete with opportunities to experience outstanding recreation activities and park facilities that help them stay healthy and fit; build relationships with family,friend and neighbors; and develop a deep sense of community pride. We're confident this new addition to Settlers Park, centrally located in the heart of the valley, would truly be an asset that would be used and enjoyed by residents and visitors of all ages for many, many years to come. 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Simison E City Council Members: IDIA N�� Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault V H H V Luke Cavener Liz Strader October 19, 2021 MEMORANDUM TO: Mayor Robert Simison& City Council Members FROM: Steve Siddoway, Parks& Recreation Director RE: Together Treasure Valley Grant Background Earlier this summer,we had the opportunity to apply for a grant from Together Treasure Valley to add permanent cornhole boards in Settlers Park. We were recently notified by Together Treasure Valley that the project was selected for funding, with a$9,500 grant. They would like to present the check and announce the award for all grant recipients on October 28. For more details, the application text is included below. The fund recipient agreement has been reviewed and approved by the Legal department. Proposal We propose to approve the Together Treasure Valley Fund Recipient Agreement and a budget amendment to add those funds to our budget. Additional Details from the Application The Meridian Parks and Recreation Department would like to request Together Treasure Valley funding for a proposed new cornhole amenity which would enhance the recreation opportunities available to Treasure Valley families and residents of all ages in Meridian's Settlers Park, located at 3245 N. Meridian Road. Settlers Park is a 58-acre regional park centrally located in north Meridian, right in the heart of the Treasure Valley. It is heavily utilized by youth and teen athletic teams due to its large number of grass playing fields. It is also home to the award-winning all-abilities Adventure Island Playground,a large splash pad, a tennis/pickleball complex,fishing pond,children's sound garden,tournament-caliber horseshoe pits,and a concession stand and restroom.A number of large community events are also held at the park, including popular summertime Friday night movie showings on a gigantic inflatable outdoor movie screen. Page 201 Item#15. With your funding assistance,we would like to expand the park's outdoor activity offerings by installing five sets of permanent concrete cornhole courts in Settlers Park.The cornhole courts could be utilized on a first-come,first-served basis by the public and/or be used for occasional league or tournament play. Players could bring their own corn-filled "beanbags"to play with and we could also have bags available for check-out from our concession stand during its regular hours of operation. For anyone who might be unfamiliar with the game of cornhole (sometimes known as bags,sack toss, or bean bag toss), it is a backyard style lawn game in which players take turns tossing 16-ounce bags of corn kernels at a gently sloped platform with a hole in the far end.The two boards which comprise a cornhole "court"are placed approximately 27 feet apart(regulation distance).A bag in the hole scores 3 points, while one that lands on the board scores 1 point. Play continues until a team or player reaches or exceeds the score of 21.Cornhole can be played solo, but it generally intended for 2 to 4 players. It is a popular game enjoyed by people of all ages. We have identified Kay Park and Recreation,a provider of outdoor commercial and park furnishings,as the best source of concrete cornhole boards that are ACA(American Cornhole Association) regulation size and slope.The logos of Together Treasure Valley and the City of Meridian could be added to each concrete board to personalize them.We would also want to install a sign introducing the cornhole amenity and the rules for its use. In all,we are requesting a grant of$9,500,the full price of the project,to purchase the cornhole boards and sign.Additional funding for this project is not readily available through the City of Meridian or any other sources at this time. If approved for this purchase,we would order the concrete cornhole boards and sign right away and they could be installed by members of the Meridian Parks and Recreation Department's maintenance staff, most likely within 4-6 weeks after the initial order is placed. We feel this cornhole amenity would benefit Treasure Valley residents in a variety of ways.We believe people are social creatures. We thrive amongst company;we like to be surrounded by friends and acquaintances, and enjoy meeting new people. Games such as cornhole bring people together and meet their social needs,their health and fitness needs,and their occasional need for good-natured competition. It has been suggested that when people play games such as cornhole and focus on strategies to win the game,they utilize productive thinking,which can boost cognitive skills and improve confidence. Plus,cornhole is a low-cost or no-cost activity that individuals of nearly all fitness levels, ages and abilities can take part in. Compared to other sports and games, cornhole also has very few rules and is easy to understand. The Meridian Parks and Recreation Department is committed to helping the approximately 130,000 residents of Meridian, Idaho, enjoy high quality living,complete with opportunities to experience outstanding recreation activities and park facilities that help them stay healthy and fit; build relationships with family,friend and neighbors; and develop a deep sense of community pride.We're confident this new addition to Settlers Park, centrally located in the heart of the valley, would truly be an asset that would be used and enjoyed by residents and visitors of all ages for many, many years to come. Page 202 Item#15. DONATION AGREEMENT TO SUPPORT A NEW CORNHOLE AMENITY IN MERIDAN'S SETTLERS PARKS BY AND BETWEEN THE CITY OF MERIDIAN AND TOGETHER TREASURE VALLEY This Agreement for the acceptance of funds for the purchase, installation, and maintenance of five sets of permanent concrete cornhole courts and related signage ("Amenity") in Settlers Park, located at 32425 N. Meridian Road, Meridian, Idaho, ("Agreement'), by the City of Meridian ("City") is made this__ day of October, 2021, by and between the City and Together Treasure Valley, an Idaho Communities Initiative ("TTV") (collectively "The Parties"). WHEREAS, the City desires to add a new Amenity in Settlers Park to enhance the recreation opportunities available to Treasure Valley families and residents of all ages, on a first-come, first-served basis by the public and/or to be used for occasional league or tournament play. WHEREAS, TTV supports the creation of the new Amenity in Settlers Park and desires to donate funds toward the Amenity, the development and installation of which shall be the sole and exclusive responsibility of the City; WHEREAS, the funds donated by TTV shall be paid to the City, to purchase, install and maintain the Amenity. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and TTV agree as follows: 1. DONATION OF FUNDS BY TTV. TTV will donate nine thousand, five hundred dollars ($9,500.00) (hereinafter "Donation") in order to support the addition of the new Amenity in Settlers Park per the terms set forth in this Agreement. These funds will be paid to City for the new Amenity, and are the full and only amount of the funds to be provided by TTV. Any costs greater than the amount TTV is providing, are not the responsibility of TTV, regardless of the nature of the costs, which are the sole responsibility of the City. TTV is not liable for and has no responsibility for the Amenity or any related costs, damages, claims, fines, losses or other liabilities. 2. FACILITIES. The parties agree that Settlers Park is an appropriate location for the Amenity. City shall provide TTV with regular updates on the development of Amenity. TTV agrees and understands that the City retains sole discretion in the design, development, construction,maintenance, and operation of the facilities. Page 203 Item#15. 3. TERM. This Agreement shall commence upon execution of this Agreement and does not expire, unless agreed to in writing by both parties. 4. PROPERTY INTEREST NOT CREATED. Parties agree that this Agreement shall in no manner create any property interest in the facilities or associated properties by TTV. City retains all rights with respect to the facilities and operation thereof except as expressly provided herein. 5. TTV RECOGNITION. In consideration for the Donation toward the new Amenity, the Parties agree that TTV will be included in a City press release and kick-off announcement of the Amenity. TTV logo and City logo will be added to each concrete board to personalize them. City will also install a sign, recognizing TTV's donation and introducing the Amenity and the rules for its use. Use of the TTV logo is pursuant to TTV's logo guidelines. In addition, this Agreement and funding is contingent on the following: -Completion of the new Amenity no later than June 2022. -The new Amenity, including signage and TTV recognition, will be maintained for a minimum of ten years. -TTV logos may only be used by the City in accordance with the terms set forth above and TTV's guidelines. 6. INDEMNIFICATION. City agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless TTV, Idaho Statesman, TTV sponsors, McClatchy Shared Services, LLC, and The McClatchy Company, LLC, and their affiliates, officers, directors, agents, employees, donors andlor representatives ("TTV Indemnities") from any and all liability, damages and/or claims which may be brought against TTV Indemnitees for any claim, damages, losses, fines, settlements, judgments, rulings, costs (including attorneys' and other legal expenses) intentional acts, negligence, and/or omission in connection with this Agreement, including but not limited to any construction delays, injuries or property damage, violations of law, or breach of this Agreement. 7. TERMINATION AND REFUND. TTV may terminate this Agreement and obtain a refund of the Donation or any amounts donated by TTV within thirty (30) days upon written notice to the City in the event that the City does not meet the terms or timelines as outlined in this Agreement. City may terminate this Agreement if unable to meet the terms of the Agreement and written notice is given to TTV by December 1, 2021. Should either party terminate this Agreement as provided herein, City shall refund to TTV the entire Donation or any amount collected from TTV under this Agreement within thirty (30) days after such termination or expiration of the Agreement. S. ENTIRE AGREEMENT and AMENDMENT. This Agreement constitutes the entire agreement of the parties and is the complete and exclusive agreement between the Parties. This Page 204 Item#11. Agreement shall not be amended and/or altered except by mutual written consent, executed by City and TTV. 10. NOTICE. All notices under this Agreement shall be in writing via certified or overnight mail to the Party's last known address. 11. SEVERABILITY, WAIVER AND ATTORNEY'S FEES. This Agreement and any Addenda make up the entire agreement between the Parties. In the event any part of this Agreement is invalidated by reason of law or government regulation, the remaining provisions of this Agreement shall remain in full force and effect. No obligation or rights under this Agreement shall be waived except with the written consent of the Parry waiving such right. In the event of any dispute arising under this Agreement, the prevailing Party shall be entitled to its attorneys' fees. The proper venue for any dispute shall be state or federal courts located in Boise, Idaho, and this Agreement shall be governed by the laws of the State of Idaho. CITY OF MERIDIAN APPROVED BY: 10-26-2021 Mayor Robert E. Simison Date ATTEST: 10-26-2021 City Clerk Chris Johnson Date TOGETHER TREASURE VALLEY APPROVED BY: Date Page 180 Item#15. ATTEST: Date Page 206 Item#16. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Valley Regional Transit (VRT) Presentation on Transit Development Plan (TDP) and Service Update Page 207 i m#16. 00 valleyregionaltransit •' FY2023-2027 Transportation Development Plan Calendar October 19, 2021 MEMBERSTAFF Stephen Hunt, Development Director Summary The Valley Regional Transit (VRT) Board of Directors approved the FY2023-2027 Transportation Development Plan (TDP) and FY2023 budget development calendar in their October 2021 meeting. The calendar directs VRT staff to review project concepts for future years of the TDP and facilitate discussion of priorities with the regional transit team, Regional Advisory Council, local stakeholders, and the VRT Executive Board. FY2023 Development Activities by Quarter Q1 Q2 Q3 Q4 5-Year TDP Initiate/Priorities Draft Update Revise Finalize Service Planning Draft Concepts Draft Proposal Revise Finalize Service Implement Contracts Bid Construct Schedule/Train Budget Assumptions Cost Allocation Discussions Finalize Development As part of that process we will be meeting with the staff of all our stakeholders to discuss potential service change concepts, and near-term investment priorities over the next few months. In January the VRT Board of Directors will consider the TDP investment priorities that will guide the types of service, capital and other investments that will be included in the draft TDP. For Meridian the TDP would address service and capital needs for specialized services such as Harvest Transit and the Meridian Veteran's Shuttle and fixed route services such as routes 30 Pine, 40 Nampa Express, and 42 Happy Day Transit Center/Towne Square Mall. It would also include any potential projects connecting Meridian to other communities such as Kuna, Eagle and Boise. The stakeholder and board input would lead to a draft plan we anticipate releasing to the public in May of 2022. Current Service Performance Overall September fixed route ridership was up 14% over August. Routes 40 and 42 outperformed the system at large growing 23% in September compared to August. Routes 40 and 42 carried 3,227 passengers in September and more than 8,300 in the fourth Quarter. 700 NE 2nd Street,Suite 100 • Meridian,ID 83642 • p:208.846.8547 • f:208.846.8564 o 1.855.345.7433 Page 208 Item#16. We are continuing to monitor ridership and will plan the launch of the 30 Pine as ridership rebounds. Harvest transit had 2,620 passengers in the fourth quarter of FY2021. For detailed information contact: Stephen Hunt, Development Director, 208-258-2701, shunt@valleyregionaltransit.org Page 209