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2022-05-18 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Wednesday, May 18, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun ABSENT Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the May 3, 2022 City Council Work Session 2. Approve Minutes of the May 3, 2022 City Council Regular Meeting 3. Records East Subdivision Lot 2, Block 1 Sanitary Sewer and Water Main Easement No. 1 4. Scentsy Warehouse No. 4 Water Main Easement No. 1 5. Final Plat for Aviator Spring Subdivision (FP-2022-0013) by The Land Group, Inc., Located at 3235 N. McDermott Rd. 6. Final Plat for Jump Creek Subdivision No. 6 (FP-2022-0004) by Kent Brown Planning Services, Located One Half Mile North of the Northwest Corner of N. Blackcat Rd. and W. McMillan Rd. 7. Final Order for Pera Place Subdivision (FP-2021-0061) by Leavitt Engineers, Located at 4600 W. Daphne St. 8. Findings of Fact, Conclusions of Law for Lavender Heights Development Agreement Modification (H-2022-0017) by Breckon Land Design, Located at 2160 E. Lake Hazel Rd., at the Northeast Corner of E. Lake Hazel Rd. and S. Bloomerang Ave. 9. Findings of Fact, Conclusions of Law for Oaks North Rezone (H-2022-0010) by Toll Southwest, LLC, Generally Located Northwest of 5151 N. Rustic Oak Way 10. Findings of Fact, Conclusions of Law for Summertown Subdivision (H-2022-0005) by Summertown, LLC, Located at 3104 N. Venable, at the Southeast Corner of N. Venable Ln. and W. Ustick Rd. 11. Development Agreement (Copper Canary H-2022-0009) Between the City of Meridian and East River Valley Street, LLC for Property Located at 2590 N. Eagle Rd. 12. Approval of Construction Contract for the Wastewater Resource Recovery Facility Side Stream Phosphorus Treatment – Construction project to JC Constructors, Inc. for the Not-To-Exceed amount of $3,131,546.00 with $2,000,000.00 funded in Fiscal Year 2022 and $1,131546.00 funded in Fiscal Year 2023 13. Interagency Agreement Between the Ada County Highway District and the City of Meridian for Water Improvements for the 2021 Residential Capital Maintenance Project - ACHD Project No. 519017 14. License Agreement for Meridian Police Department Canine Training at Amazon Delivery Station, 2316 W. Franklin Rd. 15. Approval of the Lease Agreement for Lakeview Golf Club Restaurant and Bar to Rooster’s Golf, LLC dba Rooster’s Tavern on the Green 16. Resolution No. 22-2327: A Resolution Approving a Lease Agreement between the City of Meridian and Rooster’s Golf, LLC dba Rooster’s Tavern on the Green for Lease of Restaurant and Bar at Lakeview Golf Club, located 4200 W. Talamore Blvd., in Meridian, Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 17. Information Technology: Addition to Base Budget for Annual Orthophoto Acquisition Cost Share 18. Parks and Recreation Department: Community Center Feasibility Update 19. Financing Housing Projects by Idaho Housing and Finance ADJOURNMENT 5:39 pm Item#1. Meridian City Council Work Session May 18, 2022. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Wednesday, May 18, 2022, by Council President Brad Hoaglun. Members Present: Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Mayor Robert Simison. Also present: Chris Johnson, Bill Nary, Caleb Hood, Steve Siddoway, Dave Tiede, Doug Green, Brandon Frasier, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener Mayor Robert E. Simison Hoaglun: All right. I will call the City Council work session to order. For the record today is Wednesday, May 18th, 2022, and it is 4:32 p.m. Our first order of business will be roll call attendance. Mr. Clerk. ADOPTION OF AGENDA Hoaglun: Next item on the agenda is adoption of the agenda. Borton: Mr. President? Hoaglun: Yes, Councilman Borton. Borton: There are no changes to the agenda, so I move that we adopt the agenda as published. Cavener: Second. Hoaglun: Motion and second to adopt the agenda with no changes. All those in favor please say aye. Opposed? Ayes have it. The agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the May 3, 2022 City Council Work Session Page 4 Meridian City Council Work Session Item#1. May 18,2022 Page 2 of 23 2. Approve Minutes of the May 3, 2022 City Council Regular Meeting 3. Records East Subdivision Lot 2, Block 1 Sanitary Sewer and Water Main Easement No. 1 4. Scentsy Warehouse No. 4 Water Main Easement No. 1 5. Final Plat for Aviator Spring Subdivision (FP-2022-0013) by The Land Group, Inc., Located at 3235 N. McDermott Rd. 6. Final Plat for Jump Creek Subdivision No. 6 (FP-2022-0004) by Kent Brown Planning Services, Located One Half Mile North of the Northwest Corner of N. Blackcat Rd. and W. McMillan Rd. 7. Final Order for Pera Place Subdivision (FP-2021-0061) by Leavitt Engineers, Located at 4600 W. Daphne St. 8. Findings of Fact, Conclusions of Law for Lavender Heights Development Agreement Modification (H-2022-0017) by Breckon Land Design, Located at 2160 E. Lake Hazel Rd., at the Northeast Corner of E. Lake Hazel Rd. and S. Bloomerang Ave. 9. Findings of Fact, Conclusions of Law for Oaks North Rezone (H-2022- 0010) by Toll Southwest, LLC, Generally Located Northwest of 5151 N. Rustic Oak Way 10. Findings of Fact, Conclusions of Law for Summertown Subdivision (H- 2022-0005) by Summertown, LLC, Located at 3104 N. Venable, at the Southeast Corner of N. Venable Ln. and W. Ustick Rd. 11. Development Agreement (Copper Canary H-2022-0009) Between the City of Meridian and East River Valley Street, LLC for Property Located at 2590 N. Eagle Rd. 12. Approval of Construction Contract for the Wastewater Resource Recovery Facility Side Stream Phosphorus Treatment — Construction project to JC Constructors, Inc. for the Not-To-Exceed amount of $3,131,546.00 with $2,000,000.00 funded in Fiscal Year 2022 and $1,131546.00 funded in Fiscal Year 2023 13. Interagency Agreement Between the Ada County Highway District and the City of Meridian for Water Improvements for the 2021 Residential Capital Maintenance Project -ACHD Project No. 519017 14. License Agreement for Meridian Police Department Canine Training at Amazo Delivery Station, 2316 W. Franklin Rd. Page 5 Meridian City Council Work Session Item#1. May 18,2022 Page 3 of 23 15. Approval of the Lease Agreement for Lakeview Golf Club Restaurant and Bar to Rooster's Golf, LLC dba Rooster's Tavern on the Green 16. Resolution No. 22-2327: A Resolution Approving a Lease Agreement between the City of Meridian and Rooster's Golf, LLC dba Rooster's Tavern on the Green for Lease of Restaurant and Bar at Lakeview Golf Club, located 4200 W. Talamore Blvd., in Meridian, Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date Hoaglun: Next item is the Consent Agenda. Councilman Borton. Borton: Mr. President, I move that we approve the Consent Agenda as published, for the President to sign and Clerk to attest. Cavener: Second. Hoaglun: Motion and second to approve the Consent Agenda. All those in favor please signify by saying aye. Any opposed? The Consent Agenda is adopted. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Hoaglun: There weren't any items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 17. Information Technology: Addition to Base Budget for Annual Orthophoto Acquisition Cost Share Hoaglun: So, we will move to Department/Commission Reports. First up is Information Technology and who is doing the presenting on that? Is that Doug? Doug Green. Come on up. Green: Council President and Members of the Council, thanks for letting me come chat with you today. I bet you don't often get to play a game in City Council, but we are going to start with a little game. This is an aerial photo of downtown City of Meridian. The game is tell me what's missing. That's great. You know, it's like a game on the spot. All right. I won't dwell on it too long, but I will move along here. Here is a more recent photo. I -- heard -- I heard the laugh. This is, obviously, not as new as what's out there right now. So, obviously, you can see a lot of change and that -- that's basically why I'm here. I'm just here to inform you about a change we are making to how often we acquire our aerial imagery that is heavily used by city staff and also citizens in our mapping systems. We acquire this through the Community Planning Association of Southwest Idaho, a collaborative, pooled funded project. We typically do it every three years, but there has Page 6 Meridian City Council Work Session Item#1. May 18,2022 Page 4 of— been an increasing demand for us to get that more often. Well, the RFP, RFQ process is very hefty on them. They came up with the plan to put something into the works that would allow multi-year agreement. What that means -- there -- there needs to be a product every year. So, what that meant for those participating is we are now getting aerial imagery every year, which is a big jump from the three, but at the same time I think that the previous graphic illustrated the need. We have a lot of change in our area. It's definitely justified and it's -- it's just something that's heavily used. You know, if you can, you know, take a look at a map versus going out on site, it's a lot more efficient for our staff and those kinds of things. We have agreed to contribute 7,000 a year. We are putting that into the base budget, so I'm not coming to you with a budget request or anything like that, but it was asked that we come and let you know of that change. Are there any questions? Hoaglun: Do I have to ask permission from myself to speak? Don't know how that works. Anyway. Doug, had a question. I -- I was just curious like you showed those -- the -- the photograph there -- when you have certain areas is that something you order or are they taking photographs once a year of the -- all of Meridian? Just curious how that process works. Green: Yeah. This product that we are talking about is a high quality, entire valley, leaf off aerial photo. So, it's like what we call an archival historical document, essentially, of the entire area. It's something we couldn't get with just drones for that whole area, leaf off, that kind of quality, if that makes any sense. For specific areas, yes, we can capture that with drones for a visual for a presentation or for an analysis or planning project, but for the whole city it's nearly impossible to get at this stage with -- or not nearly impossible. It's not as cost effective to get with drones. How about that? Hoaglun: All right. Thank you. Green: Yeah. Hoaglun: Other questions? Perreault: Mr. President? Hoaglun: Yes, Council Woman Perreault. Perreault: So, 7,000 dollars a year going into the budget. What is the current expenditure for the every three years? Green: Every three -- it has been a little different. The last time you will know it was more, because we had to update this -- it's called a digital terrain model. They had to fly with LiDAR to capture the elevation of everything, so that it makes it easier to stitch that photo together. They will have to do that every so often as things change, but usually we have contributed -- I was going to say 13, but I was a little low. Ten to twelve every three years. Page 7 Meridian City Council Work Session Item#1. May 18,2022 Page 5 of— Cavener: Mr. President? Hoaglun: Yes. Cavener: Not a question, but it's rare that we get Doug up here and so I just wanted to call to Council's attention -- I don't -- I'm sure you all heard from members of the public, but last week the city produced a potential district map for City Council with a great press release with an interactive map and I heard from a ton of folks in the public how much they appreciated that and that was largely led by Doug and the IT team and -- and Stephanie and so I just wanted to let you all know I -- I think that's a really important step in educating our community and I just want to thank you in front of everybody. I appreciate your hard work. You will be missed. Green: Thank you. I don't know what to say, but thanks. It's a collaborative effort. You know, you put -- you put something out there and, then, get everybody's feedback and it produces what you saw, so -- Hoaglun: Thanks for that feedback, Councilman Cavener. Green: Yeah. Hoaglun: Anything else? All right. Great. Thank you. Green: Thank you very much. 18. Parks and Recreation Department: Community Center Feasibility Update Hoaglun: All right. Up next we have a Community Center feasibility update by our Parks and Recreation Department. Steve, I guess you are going to kick things off? Siddoway: I'm going to kick things off and, then, turn things over to Tom Diehl here in a couple of minutes, but I wanted to start off by just saying last week I was here addressing some questions about the Community Center and classes and which ones had homes and which ones didn't. At that time I promised I would be back next week -- today to give an update on the overall Community Center feasibility study. Our consultants are in town this week. We have an open house tomorrow night for the master plan, but wanted to take advantage of their presence. They just flew in a few hours ago. But they are here and wanted to give you an update on the Community Center feasibility study process. The presentation that you will see is based on feedback that we received from you through the interviews that we held about six weeks ago. Once we get direction from you on the concepts, basically looking -- focusing on the mix of uses, the -- the general room types and -- and approximate sizes, they will begin the harder work of, you know, the cost pro formas and those detailed parts of the feasibility study. But we have got to agree first on a -- a concept to base that on. So, this presentation really is an interim check in with you just to make sure we are on the right track before we take it to the public and, then, you Page 8 Meridian City Council Work Session Item#1. May 18,2022 Page 6- — know, open house type -- type setting. No formal action is needed tonight, however, we are hoping for some general direction if Council is comfortable with this move -- moving forward to a public presentation part of the process as the next step. So, with that, if -- unless you have any questions for me, I'm going to turn this over to Tom Diehl with GreenPlay. Hoaglun: Okay. Council, any questions before Steve steps away? All right. Tom, welcome back. Diehl: Thank you. Thank you, Steve. President and Council Members, thank you for giving me a few minutes of your time. Basically we are doing a Community Center feasibility study. We have just given you some bullet points of the study. We are trying to develop the appropriate mix of programs and amenities, give you a projection for a range of construction costs, give you the potential cost recovery once one is designed and built to operate and give you recommendations whether you could consider phasing this and probably the biggest part of what we are doing at this stage is making sure we have the necessary building elements. As far as a Community Center or a feasibility study, it's very important to understand that, you know, there is many different things that go into the development of this project. It is a planning document and there aren't design absolutes at this point. So, the concepts we are going to show you we still would anticipate when you actually go to build will be tweaked and changed. That all comes during a later process. The Community Center vision that we have been working with Steve and his team and yourselves and members of the community is to make sure that we are developing something that would be for all ages and abilities, so it would be inclusive, that it would be a community destination, that it would be cost effective, family focused, and would provide an opportunity to explore recreation and wellness and we heard from all of you how important it was that it would be sustainable and that there was a potential to either expand upon it or build it in phases. So, we have taken that vision and that's what we have been working with. We worked very hard with Steve and his team to develop a definition of a Community Center and I think you saw this in your -- your packet before. I won't read through all of it, but, basically, we have developed what Meridian's stance of a Community Center is, the definition, and at the end I can come back to this if you have any questions, but we have used this definition to develop the concepts I'm about to show you. Where we are in our stage of our study right now -- we are in the conceptual and amenities, site program development, and our initial findings part of our study. We have done public engagement as part of the master plan, as well as some specific focus groups and the meetings that we had with all of you that were specific to the Community Center. We were on site back in November. We held six focus groups with 39 participants that helped us develop our survey. We had interviews with ten elected officials. We had stakeholder interviews. We interviewed the staff. We did a SWOT analysis. We have briefed the Parks and Recreation Commission previously and, then, we had 690 needs assessment surveys come back and we asked the same questions in the needs assessment related to the Community Center that were asked during your last master plan. I'm going to show you two or three key slides from the survey. There was a need for -- we asked the question whether there was any future need for indoor and outdoor facilities and if you see here the orange is the 2020 -- the Page 9 Meridian City Council Work Session Item#1. May 18,2022 Page , -— 2021 survey results and the blue is the 2015 and you can see that the Community Center actually increased from 3.7 out of a 5 to 3.9. So, that has stayed very high on the radar. As far as the amenities that people were looking for in a community center, here we are showing you the invitation survey, the open link and, then, the combination overall and the things that rose to the top, the outdoor plaza, activity space -- indoor activity space and event space, fitness-wellness space, community education classrooms and a drop- in area and we have confirmed those amenities with the community in our meetings with the staff and, again, with you during our discussions about six weeks ago. Finally, we also asked about programs and services that the community would desire at a new community center and you can see that there were programs for children is rated very high. Programs for seniors. Community education classes. Programs for teens. So, we took all of this and health and wellness and made sure that we included this in our thinking. I have listed here the recurring themes that we took away from our meetings with all of you -- that the Parks and Recreation programs would be the priority in a Community Center, to have an art and crafts room, fitness-wellness room, instructional kitchen, two to three classrooms, conference room, and some flexible dividable space. We asked you about the potential budget that we should be trying to be looking at in our take away from our conversations with -- with you was somewhere in the 12 to 15 million range and that it should be plus or minus 20,000 square feet, with a 17,000 square foot minimum. We also asked you what were some of your go and no go thoughts, things that you must have or must not have and our biggest take away there was that we should integrate art into the facility, but not have a separate art gallery. We asked about locations and you identified three locations that we should be looking at. The City Hall location, the park shop, and, then, a generic property, just to give you a concept that could go pretty much anywhere and, then, you all mentioned to us that we should think long term, to make sure that what we are putting together is something that would meet your needs now and into the future. So, we developed three concepts. One for the City Hall location, one for the park shop, and -- and a generic site. Each concept contains similar elements. Every concept has a main lobby, multi-purpose classrooms, offices and workstations, general storage that's sufficient for the building, arts and crafts rooms, conference rooms, instructional kitchen, some form of outdoor grass or turf area that could allow for the expansion of programs right outside, a subdividable flex room, fitness and wellness space and, then, the necessary facility and support spaces. The only difference you are going to see in the concepts -- the major difference is the City Hall concept is a two story facility, because of code. The other two facilities were drawn as one story facilities. In all three locations that we have developed concepts for would operate very similarly. So, this is the -- the concept that's been developed for City Hall. You can see that we have located it in front of City Hall. It's got frontage on North Main Street and it's adjacent to East -- East Broadway Ave. It's two stories. It has all of the elements that we -- we have talked about. If you have questions I can take them on this or I can go to each of the concepts and, then, we can come back. Just keep moving? Okay. The second concept we are showing is the park shop. We are showing a one story facility there with all of the same amenities. We are showing some parking that's being added there. We show you a turf area again and, then, the third concept is our generic concept that does show some on- site parking, all of the same amenities and spaces. Each one of the -- the designs is very similar in square footage. Each of the amenities and spaces are the same square Page 10 Meridian City Council Work Session Item#1. May 18,2022 Page 8- — footage. As far as our study goes, we will come back if we get approval and show these concepts to the community and get feedback. That will be the second part of the findings and conceptual feedback and, then, we will draft our report. Our report will include probable operating costs, cost recovery, and a probable range of construction costs. That's our presentation. I would like to ask if you have any questions and -- and try to field them. Hoaglun: Council, any questions? Borton: Mr. President? Hoaglun: Councilman Borton. Borton: Tom, what do you mean when you use the word sustainable? Diehl: Sustainable from the standpoint financially and sustainable in the way that it's built, from a -- like a LEED certified sustainable and sustainable from an operations. All three of those. Borton: Okay. Maybe it needs to be flushed out. I'm not sure really what that means, though. Like sustainable financial, making it -- it operates net zero -- Diehl: It -- it operates at the cost recovery that were recommended to -- to use when we develop the budget. So, whatever that cost recovery number is, that it can feasibly operate in that manner and from an environmental sustainability it's using the right materials and the right construction. Borton: So, something beyond normal construction? I mean like a LEED certified type? Additional -- Diehl: It's something that would be considered. Borton: Oh. Okay. Mr. President -- Hoaglun: Councilman Borton. Borton: One other question I guess or a comment. To your points of goods and bads, one of the considerations that is probably already in your-- in your wheelhouse is avoiding opportunities for this to directly compete with private businesses or duplicate services that exist in our community. Gym space may be one of the more classic examples. Pools very well might be as well. At what stage in the process is that factored in to assess and, then, decide whether or not some duplication of services provided by the private sector still would be appropriate? Diehl: We have already looked at that and if you look at the amenities that we are proposing there is not a gymnasium, there is not an aquatic center. There is a -- a fitness- Page 11 Meridian City Council Work Session Item#1. May 18,2022 Page 9- — wellness space that's not meant to have, you know, weight equipment and -- and all of that. It's for the department to be able to do the programming that they currently do now, like, you know, yoga classes and small group exercise and we look at those as being leaders for other businesses. It's actually at -- they are entry level classes. They are not going to be able to offer, you know, Taekwondo entry level to black belt and anything like that. So, it's -- it's getting a person who is not doing anything -- whetting their appetite and, then, hopefully, they would go out into the community and take it to the next level. Borton: Okay. And -- and to the question of -- of conference rooms, is that -- it's not something analogous to what a Chamber of Commerce would do, it's something different? Diehl: It's the conference room more so for the staff to be able to have a meeting or -- it's not meant to be a rentable meeting space. Siddoway: One of the comments that we heard -- the original concept that we had two months ago had multiple conference rooms. One of the things we heard was take it down to one. So, the concepts that we have have a single that can be used for, you know, whatever a conference room might be used for. We did hear some interest in making them available to the Chamber of Commerce or the business community for whatever type of need might be there. I think we are open to that. So, I guess we are just open to direction either way, use it for ourselves only, make it available to the Chamber, do-don't, but we -- we have -- we have cut it back from multiple to a single one. Diehl: And we will update our slides to -- Siddoway: I also think it's probably fair to make a comment on the sustainability question. On the cost recovery side I would just put out there now that we are not expecting this to be net zero or break even. We do expect that we will have some cost recovery, but it will be, you know, probably a small portion of the -- of the entire cost. So, I think just in the off -- for fairness, just to put that out there now, we will see what the pro forma says we might bring in, but it will be a -- it will be a portion. Borton: Thank you. Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: Thank you. Could you go to the slide that shows the -- the suggestion for the parks facility. There we go. Was there any thought to -- to possibly making that two story as well and -- and creating some additional turf area or additional plaza space? I don't -- I don't know exactly -- I mean you -- you know, it's hard to tell what the square footage will be of those two locations, but as a ratio to the building it -- it seems like maybe they are -- they are not a prominent part of the project. Page 12 Meridian City Council Work Session Item#1. May 18,2022 Page 10—— Diehl: I think we talked about that. We were making sure we were leaving room for the additional future potential shop building that you see drawn there and we were adding parking. Steve, I don't think that I have a -- I think we were just keeping them both -- Siddoway: Yeah. I think we wanted a single story and a two story option. I don't know that we are --you know, if we were to build here, then, it must be single story. If we decide we want it two story it can be. Two story construction is more costly. You have to have elevators, stairwells, and more facilities. So, it will be -- it will be a little less expensive if we do single story, but you are right, that if we do go two story-- if we determine, hey, you know, those additional 20 parking spaces or the additional turf area or whatever are really valuable, we could go two story and use the additional space in that way. Some of that -- those decisions can come even post-feasibility study when we get into design development and construction documents, you know, this next winter. Strader: Mr. President? Hoaglun: Council Woman Strader. Strader: Oh, please don't go far, Steve. So, I'm curious on the -- I have looked at the different -- I guess concepts. I was curious on -- the one where it's co-located with City Hall, what the thought process was in terms of the location of the building footprint. Why that corner specifically, as opposed to the other parking lot? And, then, there, obviously, would be a lot of moving parts that have to line up with a future parking structure. Is there any update on the thinking of how that would come together? Siddoway: Okay. Let me start with the location. We do think that --we looked at a couple of different options location wise. We thought addressing the corner was the strongest and the -- the best concept. If-- if Council has feedback about that we would love to hear it. The south parking lot, if you will remember, the city only owns half of that. The railroad owns the other half. So, you got to cut that area in half. So, it would be really long and narrow if we tried to put it in that space. There is some additional space yet in there and, plus, it's -- the closest -- you can see the future parking structure kind of noted with the project across the street with Galena. We have had an initial conversation with them that they are willing to, you know, work with us and that they anticipate being on a similar timeline, but there is nothing inked, there is nothing formal, it's just a conversation at this point that we hope to explore partnership with them for parking. Borton: Okay. Thank you. Diehl: And just to follow up quickly on Steve's comment about the long and narrow, we looked at that here as well and it -- it just changes the functionality of -- of the building and -- and the flow of it. Siddoway: It's a hallway with rooms off -- Diehl: Yeah. It's like going into a storage facility. Page 13 Meridian City Council Work Session Item#1. May 18,2022 Page 11 —— Borton: That makes sense. Thanks. Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: Thank you. I -- I had hoped that the plaza space -- and when the -- when the proposed design came about that it would integrate with the plaza in front of City Hall and it doesn't seem like it's doing that. So, I'm curious if you ran any scenarios where the plaza space was used altogether. That feels to me like it would be more fluid. And maybe there is an intention that they are supposed to act completely separately from one another, but I got the impression that the desire was to tie into City Hall. Diehl: We ran many different scenarios and when we did that the building moved away from --yeah, I couldn't-- I couldn't tell if it was north, east, or west side. From Main Street too far and, then, there was space left in front and I think this was the one that was chosen to show you. Siddoway: Yeah. I think the other thing that I would add is we feel the same way about wanting to integrate, because we -- we would want to integrate with and address that. But I just don't think we know enough yet for how that will be designed. Do we -- it -- will that drive aisle and some handicap accessible parking remain on site there? Will it become plaza? I think there are -- there are things that will come through design development as we refine this concept to figure out -- it needs to be better connected than just a building with a drive aisle between it and, then, a separate plaza. I will totally agree with you there. I just don't know that we have done enough refinement yet on that through -- on that concept. I think once we get an architect involved we will actually have a stronger vision for how to do that. Right now we are mainly focused on the structure itself, but I know as we -- the site planning evolves that's got to be better addressed and better connected. Diehl: And as part of a feasibility study it's really kind of taking a block and setting it on the space and seeing if it -- you know, is that space big enough for how big of a space you need, so -- Siddoway: One of the things we did do just recently to explore it, because we were worried about that disconnect as well, was we shifted the building closer to the existing plaza, but it made the space between the building and Main Street quite awkward and so I think it's probably better to address Main Street and, then, figure out how to integrate kind of that back area with the additional lawn space, additional plaza, connect the two, figure out how the -- the -- the parking is going to work, et cetera, so -- Perreault: Mr. President? Hoaglun: Yes, Council Woman Perreault. Page 14 Meridian City Council Work Session Item#1. May 18,2022 Page 12—— Perreault: I don't know if this is the appropriate method in which to figure this out, maybe this comes later on down the road, but since we have these -- these other significant projects coming in in the next four or five years, I have a lot of concerns about the stress that it's going to put on Main Street and Broadway and that intersection is not made to have that many vehicles coming through it. So, I don't know if that was a part of the assessment or not or if that's something that was considered down the road. So, I just wanted to share those thoughts. That -- that for me is a very big factor in -- in relationship to choosing the City Hall location, because at this time there is -- there is no plans to expand that to my knowledge. The other thing I wanted to add is more of a comment than a question and that is that I'm personally not comfortable with even discussing financial decisions regarding the City Hall location until we have inked some sort of agreement on the parking structure. I -- I just wouldn't be in favor of this location unless that was done, so -- I don't know how much the consulting firm is a part of that or not, but I just wanted to throw that out there. Thank you. Diehl: We -- we were directed to look at these three sites and develop concepts specifically. So, that's how they were chosen. We didn't do a really deep dive on traffic at this point. That would be done during your next stage if that's the site that's chosen and, then, to answer your second question, I think that, you know, whether parking is there or not, that would also come during the -- the next stage. Hoaglun: Okay. Council, anymore questions? And, Steve, just to recap, you -- you are going to want feedback from Council and it is now, but it's a future, but -- Siddoway: We would just ask for concurrence from Council. I don't -- you can decide whether it's just a nod of heads or it's a motion, but it doesn't have to be a motion. We are not asking for formal approval, but we do want to know if Council is comfortable with us taking these concepts and this information forward into the study to develop the cost pro formas, to go to the public meetings, et cetera. So, that is my question to Council and we would like to know if you are comfortable with us moving forward. Hoaglun: Councilman Cavener. Cavener: Mr. Mayor. I'm not real excited about us moving forward until we have got a cost recovery model that we are adopting. Twelve to fifteen million dollars is a lot of money and we have got a lot of needs in our city particularly related to emergency services, additional fire stations, a police substation, and I think until we -- and understand how the -- how this building is going to pay whatever little percentage it will of itself, I don't think it's an appropriate decision for us to move forward until we have got those answers. Siddoway: Mr. President and Councilman Cavener, I think part of the question is can we move forward into a cost recovery development, because that -- that is part of the next step. So, I'm not sure -- Cavener: Mr. President? Page 15 Meridian City Council Work Session Item#1. May 18,2022 Page ——— Hoaglun: Councilman Cavener. Cavener: Steve, I'm under the impression that we are doing a -- a department wide cost recovery study; correct? Siddoway: Yes. Cavener: Okay. Does that plan or that study not contemplate how we would offer classes and programs? I mean I hear you say that you think this will recover a very small amount and I'm -- I guess I'm guessing -- I -- I need to know what that's based on. Siddoway: Yeah. That is based on me knowing what existing classes and programs, you know, bring in. We -- we basically look to recover our administrative costs for -- with our cost split with the existing contracted instructors. It's not a big revenue generator for us, so it's just based on knowing what we bring in today. The -- I guess maybe I will let Art talk about how this may interface with the -- the full cost recovery process, because he's been through that more than I have. Hoaglun: Art, if you would give your name for the record, please. Thatcher: Yes. No -- no problem. I'm Art Thatcher. I'm a manager with BerryDunn and where we are in this stage is that before we can get to any kind of a cost recovery or any kind of a financing pro forma or any of that, we need to know the building elements. We need to be able to know what --what we can offer in that space, when it's going to operate and those things, and so what we are asking is can we take this -- the -- the space concepts to the public and get them to validate that these are the right space -- these are the spaces that they-- they want and that they would like and from there, then, we -- then we will look at the -- the operating -- so, hours of operations, personnel, those things and, then, we will also look at potentials for programming, number of classes, what the -- the -- the ranges of those classes will be and -- and that will be the face where -- the place where we will be able to -- to come more towards that cost recovery and so what the cost recovery study that we are doing now is providing is -- it's placing those programs that potentially will be offered in the Community Center on the pyramid as to where the community sees them in -- in the cost recovery pyramid. Cavener: Mr. President? Hoaglun: Councilman Cavener. Cavener: Art, appreciate that. Maybe -- maybe a two part question. Part one. When you go out, then, to the public are you asking the public, hey, are you -- are you willing to spend 15 million dollars on this? I understand you want a kitchen facility or you want arts and crafts space, but do you want it enough to spend 15 million dollars on it. Thatcher: So, as -- as part of the master plan we did ask about funding, that the -- that the community was -- was willing to -- to consider and, then, also as part of this we will Page 16 Meridian City Council Work Session Item#1. May 18,2022 Page ——— also, through the presentation, say this is -- this is what the estimated cost of this square footage building is, that 12 to 15 million and, yes, we will ask them is that something that you are willing to -- to support. Cavener: Okay. Mr. Mayor, then, maybe just one additional -- Hoaglun: Go ahead. Cavener: Art, you guys -- you guys are the best in the business. I mean you guys are the subject matter experts. Help us understand, ballpark -- we spend 15 million dollars on this, what percentage -- it sounds like we won't recover anything for our capital and it's just a matter of trying to break even on the programming? I mean is that what we should realistically expect? Thatcher: And Tom can talk a little bit as well. In my experience, both as an operator and also as a consultant, you are not going to recover your capital investment. You will recover a percentage of your operating. Cavener: Okay. Hoaglun: Any other questions? I think we are -- Councilman Cavener, I was thinking as you were going through that, it's -- it's kind of like our park facilities, you know, do we recover costs -- if there is programs and different things -- you know, we are not going to pay back parks. It's not going to be -- and it -- it is a capital outlay that is very expensive and I think, you know, we -- we need to rightly question those things and try to make the determination is that necessary and, if so, what is the timing, what does that look like, but I think for our next steps is do we go forward to get additional information. We are not making the final decision, but do we get more information to decide, okay, where are we and do we -- then we will be faced with another choice, so -- one of those -- one of those processes. Cavener: Mr. President? Hoaglun: Councilman Cavener. Cavener: I agree and I think the reason why I'm conflicted on this is I think that -- that on the surface is a really good plan. I guess if we had 15 million dollars I would rather spend it on park space where our whole community can take advantage of that. This is, essentially, building a capital infrastructure that people who are paying in addition to use the class, are covering the cost of the class, in a building that the taxpayers have subsidized and that's the part that I'm -- I'm wrestling with. I would rather spend those dollars on playgrounds or green space that our whole community can take advantage of, without having to pay extra to use it. Hoaglun: Council Woman Perreault. Page 17 Meridian City Council Work Session Item#1. May 18,2022 Page ——— Perreault: Well, I guess I don't see this that different than -- you know, we are spending a significant amount on the golf course and we had fewer public input sessions on that than we have on this. In addition, the golf course is going to charge people to play there. Same thing with the pool. They are going to charge people to be there. So, I don't -- don't have -- like from a -- just how is that different than the -- and to me the Community Center serves a lot more people than the golf course or the pool. Cavener: Mr. President,just to respond to that. I agree with you a hundred percent about the golf course. The difference is we own the golf course. The city -- the city owned the golf course long before I was on the Council and I think we have an obligation to have that course run efficiently. If the question for the city was do we want to spend 17 million dollars to build a public golf course, I would probably be saying no to that as well. So, it's -- I -- I look at them differently, because we have ownership of that course. We have an obligation to invest to keep it operating efficiently. Hoaglun: So, Council, I don't know if we want to give a thumbs up to move forward type of thing. I mean Council Woman Perreault raises some good points about, you know, the location here at City Hall, but, notwithstanding, should we still find out the next step in details for all three facilities and, then, we can continue forward? Is that the desire of the Council? I see heads nodding. Kind of. Council Woman Perreault -- or Strader. Sorry. Strader: Thanks, Mr. President. Yeah. I think-- I think getting more information is a really important step as we move through this. I think those are valid concerns. I want to reflect that back. I think those are valid concerns. I think the cost is going to be the biggest hurdle as we step through this and looking at the different options. I think any large city that's really vibrant and has a good Parks and Recreation program and is well supported by facilities that help foster that, I don't have a philosophical issue with it, but I do think it's important that the mix of programming and what we are offering in this facility is something that's really accessible to the whole city. Like one piece of feedback that I have is we are hearing how important it is to have plaza space or green space and so that's why I think Council Woman Perreault is also asking the question of how would this -- if it were located downtown, for example, how would this integrate with the City Hall Plaza and maybe make better use of the space that we do have and could -- people who -- we know we are going to have a huge population downtown, how could we activate this, so people are all using it. Like that's the most important thing to me is that it's something that the whole city can use. You know, granted the Parks and Recreation programs people will be paying for those -- potentially at different rates. We will be subsidizing, though, depending on where they land on the pyramid; right? So, I feel like we have a lot to step through. That's some feedback. I'm okay with moving forward, but I think it's an important -- I think Councilman Cavener brings up an important point, I don't think it's okay to just have something that's inaccessible to everybody in the city. It needs to be something that the whole city can use in varying degrees. Hoaglun: Councilman Bernt? Page 18 Meridian City Council Work Session Item#1. May 18,2022 Page ——— Bernt: I -- thank you, Mr. President. I -- for me I just want an opportunity to make an educated decision and without information in front of us it's -- it's impossible to make an educated decision. So, I would appreciate more information and -- and I'm definitely in support in having this continue. Hoaglun: Art. Thatcher: I think that's what we are asking is can we take these concepts in the spaces, get the community to validate that, so that we can, then, provide that -- that additional information for you. Hoaglun: All right. I think we got -- got a next step. Move forward and -- and we will take it from there, so -- Thatcher: Thank you very much. Diehl: Thank you very much. 19. Financing Housing Projects by Idaho Housing and Finance Hoaglun: Thank you. I appreciate it. Next up on the agenda is a presentation by Idaho Housing and Finance and as they are coming up, you know, we have had a series of -- I call them educational sessions, if you will, as -- as we try to deal with the affordable housing and -- and housing projects and just the state of the economy, where we are finding it's -- it's a complex subject and we need to become better educated. So, appreciate Jack and Rhiannon being here today to help us in that process and, hopefully, we can learn a few things. So, introduce yourself for the record and, then, we will move forward. Avery: Okay. Well, thank you, Mayor -- Mayor Pro Tern and Council Members, I'm Rhiannon Avery and this is Mr. Jack Hawkins and we are with Idaho Housing and Finance Association. We are so pleased to be able to spend some time with you talking about probably one of the more important tools when it comes to the development of attainable housing in building off your April 19th presentation and so in that Mr. Hood kind of put it into four L's, the lumber, the labor, the laws and the land. We are going to add one more L to that for you just to keep the -- the flow and we are going to talk about leverage and when we think about leverage, leverage is really all of the parts and pieces that we do really really well to help -- there we go -- to bring projects to life and as we heard in listening to that presentation and preparation for today, that -- that constant theme of we can't do this by ourselves. Idaho Housing and Finance cannot do it by ourselves. And so, again, this leverage of what we do really really well to reduce that cost that we are passing on to a tenant or a single family homeowner, that's really what we are looking at and so through this presentation what we are going to give you are some different examples. No two communities are the same. No two projects are the same. But, hopefully, this will give you a high level overview of what are tax credits, how do they help and, then, some real life examples. At the conclusion we are here to answer some Page 19 Meridian City Council Work Session Item#1. May 18,2022 Page 17—— questions and, then, any questions around the home investment partnerships program, which is another entitlement program through the Department of Housing and Urban Development. So, with that I will turn it over to Mr. Jack Hawkins. Hawkins: Thank you, Rhiannon. Again, my name is Jack Hawkins. I am the project finance manager and credit approval officer for Idaho Housing. I'm the loan guy. So, as -- as Rhiannon was mentioning, a lot of what we do is -- we are the allocating agency for the State of Idaho. So, on an annual basis Treasury will give us an allotment of -- of tax credits for -- for the state and, then, we are supposed to distribute those throughout the state on a -- hopefully an equitable manner. For example, we have -- there is really two types of tax credit projects. There is the -- you know -- got you. There is a nine percent tax credit, which is the actual competitive round that you will hear about. So, on -- in August of each year we actually go out and solicit applications from the whole state to allocate the -- the tax credits. Those are limited. For example, this last year we received about 4.9 million in tax credits. We had some carryovers, which means projects that didn't work they gave us the tax credits back, so we are going to add that, too. So, we will have about 6.4 million in tax credits. To equate that into actual cash dollars, it's about 54.8 million dollars and just -- I don't want to get too into the weeds, but -- but, basically, tax credits are -- are just that, is, you know, Wells Fargo, U.S. Bank -- Raymond James will come in and buy those tax credits, either for themselves or clients, and it's really equity money into the project and that's what allows these projects to be able to cash flow on a --for low income families, because they are -- they are paying less than fair market value, anywhere from 30 percent average median income, AMI, up to about 60 percent. You can't -- really, you can't go any higher than that for that portion of the tax credit. Now, you can have market rate units within the project and -- and a lot of them will also have a manager's unit. But that kind of gives you an idea of what the nine percent are. Four percent are a noncompetitive bond round that you don't get as much equity involved, so you have larger projects, you will have more market rate in there, but it's -- you -- we actually can allocate those anytime we want for the state. Just say the -- the projects have to be used -- a 30 year restricted period, meaning they have to be affordable for 30 years and, actually, most of ours are 40 years. Strader: Mr. President, can I ask a quick question? Hoaglun: Yes, Council Woman Strader, go ahead. Strader: Thank you. Thanks a lot, Jack and Rhiannon. I just wanted to ask what you are talking about how these are structured before we get into the examples. Sort of some structuring questions. I was curious about as you are structuring these what the challenges are in terms of how this intersects with the use of CDBG funds and, you know, I had had a discussion with someone earlier who said it was important for those to be structured as loans and I believe our program may not be set up that way. I just wanted to understand, you know, to make these work with the city's use of CDBG funds how -- how would that work? What are the challenges or things that have to be done to make that work? Page 20 Meridian City Council Work Session Item#1. May 18,2022 Page 18—— Hawkins: So, Rhiannon is more of the CDBG guru than I am, but -- but -- but in -- in a project you are going to find -- I would say at least three sources of financing. Could be CDBG. Could be tax credits. Could be loans. Could be what we talked about, Home Housing Trust Fund, which are HUD. But with the CDBG a lot of the reason why you want to have it as a loan is because if it's a grant it actually brings down what they call the eligible basis within the project, which, then, affects the tax credits and, again, you want as many tax credits in the project, because that -- again, that is equity. It's not debt. So, it brings down the debt service of that project. If that helps. Strader: I can -- if I can just chat a little bit about it. Just so I understand. So, it's actually a tax issue it sounds like, because your -- the basis changes and so what you are saying is that the CDBG funds need to be structured as a loan that would be forgiven ultimately by the city. Is that how it would be -- if we were to structure it as a loan how would that work? I mean -- Hawkins: And that's what you really want to do is -- is as long as it's a loan, it can be like a due on sale. So, we have what they call Housing Trust Fund -- funds and it's for the -- what they call extremely low income families and that's 30 percent AMI or less. So, what we do is we -- we make it as a loan and it's just a due on sale, zero percent interest, and so probably at the end of the 30 years we are just going to grant it, but-- but that's -- that's what we do with -- with those funds. Avery: Council Member Strader, that's -- as he explained, it's the eligible tax basis and so even if you call it a forgivable loan, knowing that really the city's intent is to grant the money to the project, you are still setting it up as a forgivable loan, so that developer has the full eligibility for that tax basis for their project with the credits. Strader: Got it. So, maybe just one housekeeping item. I would really like for the Finance Department and the CDBG Community Development folks to get together internally and discuss if we have prohibitions on organizing our CDBG funds as forgivable loans and why we couldn't try to find a way to do that. I'm just concerned that we are not using that potential source of financing for your projects. So, we are basically taking that off the table with how we are set up right now. This has been helpful. Thanks. Hawkins: And I would say a number of projects that are in entitlement cities, like Meridian, do have CDBG funds within the project. So, it -- it's -- it's common within the state. Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: On that note, since CDBG funds are federal dollars, is -- is there not a limitation, then, that the city -- that -- that they could not be forgivable or repaid, because they will -- they will come in a different fiscal year than -- so, that -- I think there is limitations to a CDBG on how long those funds -- you know, when -- how -- how long we have to spend those funds or that the applicant has to spend those funds and that I don't Page 21 Meridian City Council Work Session Item#1. May 18,2022 Page ——— think those funds can be returned to the city in a forgivable manner or repaid to the city, because they are federal dollars and they have reporting limitations, but I'm not sure. Avery: A lot of it comes down to how your CDBG program is setting itself up. There are -- there are some municipalities who will simply do the forgivable loan, because, again, their intent is never to have the money come back, they wanted to leverage what -- their CDBG resources into that project. There are other municipalities that do make it a loan program and expect an annual payment. So, it really comes down to how the CDBG entitlement community is wishing to set up those -- those programs and payments. Hoaglun: Okay. You want to continue? Hawkins: Then we thought we would just go over a few projects that -- that -- that we have been involved with over the -- the last few years. First one has Las Brisas. It's over in Caldwell. It's an affordable senior housing project, 48 units. Forty of them are affordable. So, that's the -- the tax credits were provided that. Again, the -- the AMI is our 30 percent to 60 percent area. Of course except for the market rate. This project closed in -- in -- or the loan closed in 2019, completed in 2020, and as you can see there are some other debt and, like I mentioned, there is always a lot of other sources involved. We had the -- the home debt, which is part of our program. It's a subordinate debt to the primary -- the permanent lender and that's -- that's common knowledge. Sometimes the payments are, you know, on a monthly payment, sometimes they are an annual payment, sometimes they are a cash flow payment and, for example, on the home debt of -- of a million dollars, we had seven units that were part of that and, then, the -- the tax credit were the additional units in that. Hoaglun: Can I ask a question on -- as we got this slide up. Like land donation, was that from the city? Was that from their development corporation? Hawkins: It was -- actually it was -- it was the owner donated that portion of it. So, it -- he said, okay -- and I don't remember what the dollars were, but if it -- you know, if it appraised at 900,000, basically, you sold it to the development for 700,000. So, that was the -- the developer -- Hoaglun: Okay. Hawkins: -- or the -- the land donation in that project. Hoaglun: And, then, Jack, the nonprofit contribution, I mean it is that an actual organization or is that a city or somebody who puts in money into that? Hawkins: Yes. So, this -- this was Northwest Integrity actually had money. They are a nonprofit that does a lot of developments. They are associated with -- I don't know if you know Tom Mannschreck or not, but it's -- it's part of his group and so they actually made a donation to that. Page 22 Meridian City Council Work Session Item#1. May 18,2022 Page 20 of 23 Hoaglun: Okay. Thank you. Hawkins: Okay. And, then, you can kind of see the amenity package. You know, they are usually fairly similar. You know, air conditioning, washer-dryers, playgrounds, laundry facilities. Sometimes you will see community centers. Carports. And so that's kind of the amenities for this -- that project. The Springs, which is -- I don't know a lot about it. It was -- it was prior to my coming onto IHFA, but it's actually up in McCall. Affordable family project. Thirty-six total units. Thirty-two affordable for market. This was a tax credit -- what they call a tax credit only project. So, there wasn't any other -- like home funds or any -- any other IHFA funds. So, as you can see there was a USDA perm loan on therefor the million three. Tax credit equity comes in. And, then, again, another land donation in Valley county. Amenity package. Again, fairly similar as -- as Las Brisas. Nothing really too much different there. Adare Manor is in downtown Boise on -- at Fairview. If you know where that is, it's kind of down by the -- I always call it the Red Lion Downtowner, but it's whatever -- whatever it's called now. It's actually one of the larger projects that we have done recently, 134 units, 120 of them were affordable, 13 were market. And this was actually one of the four percent bond projects that we -- that I had mentioned. It was new construction. In there, as you can see, quite a few different sources of -- of financing. City of Boise put in not only home funds, but also they had contributions. I believe they were, what, permits and they -- they -- they discounted a lot of other things. It's actually lease land the city owns, so they--the million 499 is the value of the property that the city donated. And, then, the one that kind of makes me laugh is the NOI during the lease up. That's --that's one of the things that kind of made me always giggle when we were putting that together, but -- and, then, the developer contribution really is -- the developer will make a 15 percent -- or up to a 15 percent developer fee on it and sometime it deferred and so with this one it's -- it's basically that million six is a deferred developer fee that can be paid over the next 12 years based on cash flow of the project. Yet another amenity package. Again, very similar. This one has a business center, a little picnic area. So, it's, again, similar in nature to the -- the -- the last couple. And, then, I believe it's the last one is New Path, which is about a block and a half away from -- from Adare. This is the transitional housing project that we -- that we worked on. It's 40 --total 41 units. Forty of it is affordable for a transitional homeless population. One manager unit. And as you can see the -- again, a number of sources of funding. The one thing this doesn't take into consideration is on the social service -- social services that are provided through the project. St. Luke, St. AL's,Ada county, city of Boise, were providing basically operating funds. Now, as we all heard, Ada county has decided that they don't want to do that, so that's something to take into consideration in a project like this is social services, you know, does cost and how is it going to be paid for going forward. What else? These are all quote, unquote, one bedroom units. They are -- they are set up a little differently than a normal one bedroom, but that's -- that's really what they were for. The amenity package, like I said, social services, you know, medical service for -- for them, you know, get them -- get them off the street. Hopefully you get them sober, get them working towards, you know, productive life, so that they can move into some place like Adare that's more of a low income project. I think that's all we have for our presentation. Happy to answer any additional questions. Page 23 Meridian City Council Work Session Item#1. May 18,2022 Page 21 —— Hoaglun: Okay. Thank you, Jack. Rhiannon. Council, any questions? Any further questions I should -- Strader: Mr. President? Hoaglun: Council Woman Strader. Strader: Yeah. Just to make sure that we have captured -- I just want to make sure we understand the different tools cities have available to help. So, it sounds like land donation. Some cities donate money directly. And it looks like there are several cities that use CDBG funds, either as forgivable loans or as loans. Is there anything we are missing in -- in terms of possibilities? Hawkins: Well -- and as -- as we mentioned, IHFA has federal funds through HUD and, actually, I'm sure you have all heard that the -- the workforce housing that the state of Idaho is -- is -- has allocated or is in the process of -- and the bills have been approved, takes effect I believe July 1. We will also be managing that. We are in the process of putting out a -- an allocation agreement, rules and regulations, if you will, for -- for those funds. But those -- it's -- like I said, it's -- it takes -- it takes a lot of people, it takes a lot of project -- you know, sources that come into the project. Yeah. The tax credit is the biggie. I mean because it is -- it comes in, it's going to be anywhere from 50 to 70 percent of the total project cost and it is equity and so that, you know, of course, reduces your debt service, which allows you to rent to lower income families. Strader: To follow up. From what I understand when you are putting these applications in to get your allocations, if a city or municipality is contributing, that helps -- that basically helps you increase the likelihood of receiving an allocation. Is that -- are there any -- first, is that true and I guess, second, are there any differentiators in terms of amounts? Like I saw that example city of Nampa, it looked like had put in a modest amount of CDBG loans that is -- relative to the size of that project it looked like a modest contribution, but as you understand municipalities don't have, you know, the money tree in our backyard, this is all -- you know. And so CDBG funds make sense to me, because we already have these funds. Just understanding does the amount that a city contributes help in different -- differing levels in terms of receiving those allocations? How do you think about that in terms of how much a city can do to help? Hawkins: You know, Council Woman, I think it's -- it's really not the amount, it's the fact that we want to know that the --the city-- municipality is behind the project and, you know, we have -- we have done a lot of projects up in the Wood River Valley where they have --they haven't contributed a lot. The last couple they have contributed quite a bit, because they have seen what it can do for the community, but -- but the fact that, you know, maybe we will put in a little bit of the CDBG, maybe we will donate a little bit of land, maybe we will do this, that -- that's when we know -- and -- and, actually, the developer gets points for the amount of contributions. So, it -- every little bit helps and it -- you know, it doesn't have to be a lot, but when you start packing them all together, then, they start adding up. Page 24 Meridian City Council Work Session Item#1. May 18,2022 Page 22—— Strader: Thank you. That's really helpful to hear that. Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: We all recently had the honor of meeting with Erin Anderson with the Housing Authority and I chatted with her at length and she explained all of this to me, which was exceptionally helpful, but she did comment something along the lines of -- kind of the timing of some of these programs don't always line up with when you receive federal funds -- maybe in January and, then, you know, our CDBG doesn't get approved until May or June and then -- and, then, there are -- you know, they have to be spent within a fiscal year and so can you help us understand how that timing is -- can be maybe -- you know, what we can do, I guess, to help with that, because it sounds like there is some funds not being used or could be lost out on just because of when the different application process is. Hawkins: Council Woman, you are exactly right. I mean it comes in -- so, normally for the home and housing trust fund, we are getting that allocation in March or April. Sometimes we don't get them until October. It kind of depends on when HUD, you know, gets around to actually -- I won't say signing the check, but signing the allocation agreement. What we can do is if -- if you are going to allocate let's say CDBG funds to Erin and -- and the housing company, we will take a letter from you that says we have approved them. As soon as we get the funds for fiscal year 2023 or whatever, then, we will allocate X number of dollars for that project and we will take that in consideration. Of course. I know that with the city of Boise on Adare, they went through ANOVA and approved the developer for home funds for the project and we -- we took that basically -- it's not a commitment letter, because you really can't commit federal funds in a deal like that, but say we have allocated --we will allocate X number of dollars for this project. So, it is -- it's -- there is a timing issue. Sometimes it doesn't work quite the way it should be, but, you know, if the City of Meridian is going to put their name on a piece of paper and says for this developer we are going to do this, we will take that. Sure. Avery: Having worked on the municipality side I think -- what are the challenges is -- is meeting everybody's deadlines, because everybody's program year is different and so it -- the -- the better equipped that you can help a developer with the -- the commitments, the -- the more easy it moves through a process and so when a developer is still trying to piece together -- one of the projects that I worked on I think had 17 different funding sources and so that is -- I mean collaboration and -- and coordination to make sure that we get all of these to hit just right. So, it's -- there is -- it is not a perfect science, but the more that we can help developers be equipped with those sources of funds, it helps them to move their projects along in a little bit more timely fashion as well. Hoaglun: Okay. All right. Thank you. Anything else? Great. Well, we appreciate you making this presentation and help us out understanding that and I should have learned Page 25 Meridian City Council Work Session May 18,2022 Page 23 of 23 my fractions better or percentages better when I was in high school, but I didn't pay that close attention, but -- Hawkins: And we are happy to answer any questions. If you have additional questions down the line we are happy to come back or, you know, send us an e-mail. I know that Mr. Hood has mentioned -- knows how to get in contact with us. Hoaglun: Yep. Great. Thank you. Thank you once again. Appreciate it. Well, Council, that brings us to the end of our agenda. Do I have a motion to adjourn? Borton: Mr. President? Hoaglun: Councilman Borton. Borton: Move we adjourn. Hoaglun: All those in favor of adjourning say aye. Any opposed? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:39 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) COUNCIL PRESIDENT BRAD HOAGLUN Approved 6-7-2022 ATTEST: CHRIS JOHNSON - CITY CLERK Page 26 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 3, 2022 City Council Work Session Page 3 Meridian City Council Work Session Item#1. May 3,2022 Page 28 of 28 -- two or three weeks ago when we heard from the county and in there you may have seen Station 7, proposed impact fees to help with Station 7 as part of this process. I know that we are continuing to have conversations with the EMS folks over at Ada county and there could still -- while these are the high numbers, my hope is that we will see some contributions towards the construction costs, but those are ongoing conversations with them at this point in time, but we will also need to involve the commissioners at the appropriate time and that is they are looking to deliver services and utilize facilities that they are hopeful that we will build. So, I would like to think that that will bring down some of those costs, but these are what we considered the maximum numbers for the purposes of next week, regardless of any future value engineering, regardless of any future contributions, that's where we are looking at this point in time, just so we can move forward the project or not. So, we will bring this back again next week with greater detail. We will share the detail in advance and have the team back for more of a conversation. Thank you. Simison: Councilman -- Hoaglun: Mr. Mayor? Simison: Yes. Hoaglun: I move that we adjourn our work session. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON DATE APPROVED: ATTEST: 5-18-2022 CHRIS JOHNSON - CITY CLERK Page 31 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 3, 2022 City Council Regular Meeting Page 32 Meridian City Council Item#2. May 3,2022 Page—of 40 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON DATE APPROVED : 5-18-2022 ATTEST: CHRIS JOHNSON - CITY CLERK Page 77 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Records East Subdivision Lot 2, Block 1 Sanitary Sewer and Water Main Easement No. 1 Page 78 ADA COUNTY RECORDER Phil McGrane 2022-048296 BOISE IDAHO Pgs=5 ANGIE STEELE 05/19/2022 09:44 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0170 Records East Subdivision Lot 2, Block 1 Sanitary Sewer and Water Main Easement No. 1 SANITARY SEWER AhM AAUR MAIN EASE ' 'LYT THIS Easement Agreement, made this-day of May'18th 20 22 between WAL-MART REAL ESTATE BUSINESS TRUST ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other;good and valuable consideration, the Grantor does hereby give,grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement 'hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND,AGREED,by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: fG• � Grp ' ' roe-ZG� WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust STATE OF ARKANSAS ) ) ss COUNTY OF BENTON ) This instrument was acknowledged before me a Notary Public,on / I v •2022 by_C � -��G(/ the_ of WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust. LINDA ST�EL.L..,J1ES NOTARY W&W BENTON COUNTY,ARKANSAS COMM.EXP.12101/27 Notary Signature COMMISSION NO.12703323 My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE:. CITY O .,MERIDIAN By Brad Hoaglun, ouncil President Robert E. Simison, Mayor 5-18-2022 Attest by C s John ' y Clerk - - 022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-18-2022 (date) by Brad Hoag 1 u n and Chris Johnson on behalf of the City of Meridian, in their capacities as Council President and City Clerk, respectively. CHARLENE WAY 0-ia&ycW COMMISSION No. 67390 Notary Signature 3-28-2028 NOTARY PUBLIC My Commission Expires.: STATE OF IDAHO Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 81 Item#3. EXHIBIT A RECORDS EAST SUBDIVISION-City of Meridian Sewer and Water Easement A easement being located in the NE X of the NW X of Section 9,Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho,and more particularly described as follows: Beginning at a point on a west line of a Sewer and Water Easement as shown on the plat of Records East Subdivision, Book 80, Page 8654,which is 60.00 feet South 0°48'14"West and South 0°47'40"West 744.43 feet and 48.77 feet South 89°40'38"East from the North Quarter Corner of said Section 9; Thence South 89°40'38" East 20.00 feet to the east line of said Easement;thence South 0°19'22"West 10.57 feet;thence South 89°33'01" East 146.39 feet;thence North 45°26'59" East 15.10 feet;thence South 22°04'12" East 21.64 feet;thence South 45°26'59"West 15.11 feet;thence North 89°33'01"West 174.63 feet;thence North 0°19'22" East 30.53 feet to the point of beginning. The parcel contains 3,923 sq.ft.or 0.090 acres. 0 04p.L I.AIVO `CeNSF�G,P� O �3 olO�� to CC 0142 OF 0 RRON P1�� Jerron R.Atkin II Professional Licensed Surveyor Idaho: 20142 Page 82 Item#3. Sewer and Water Main Easement 8k 80, Fig 8654 S 22'04'12" E 22.64' S 45'26'59" W � � ' � \ 1 N 45'26'59" 15.10' I I ! 0 15 30 I I I 1 { SCALE:1"=30' I ! I ! M! 1� I vl �� r 1 { i 1 I I ! I ! I ! ! 1 i r r { I ! I ! I ! I ! I ! I ! I } ! r I I I ! I ! I ! I I wl 13 I I'- ol to �I IM 0) I� 0I too S 0'19'22" W U)l !Z 10.57'� I w J I 001 I MI I N 00 j I — � ot� $Oa N O'19'22" E et .� 30.53' r7e e�� P.O.B. W J n al 4 9 _S 0'47'4O" W J h 4 9 744.43' S 0'46'14" W 60.00' Walmart-#2862 Meridian, ID Project No: LKA002862 Sewer and Water Easement Drawn By: BRA Galloway Records East Subdivision 4051 E.Fairview Ave Checked By: 3R' 515 South 700 East,Suite 3F EXHIBIT B Date: 02/0312022 San 9511357.G.11Lake City.UT z SOf.953.1357•GaIlQwayUS.mm Page 83 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Scentsy Warehouse No. 4 Water Main Easement No. 1 Page 84 ADA COUNTY RECORDER Phil McGrane 2022-048298 BOISE IDAHO Pgs=5 ANGIE STEELE 05/19/2022 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0172 Scentsy Warehouse No. 4 Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 18th day of May , 2022 between H_O.TA,LLLP ("Grantor"), and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: H.O.T. 1, LLLP STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 5-10 (date) by_Sam (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 ;A• o •T_ 4, L U L P_ (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) ary Signature My Commission Expires:,2!!o—2.i--32-b CHANTAL RODR1GUEZ NOTARY PUBLIC-STATE OF IDAHO COMMISSION NUMBER 20220617 PAY 001W SSION EXPIRES 2-10-2028 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN RobereE. Simi on, Iayor 5-18-2022 C'6. 'oaN . s yr ohnso ��Al 5-18-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 5-18-2022 (date) by Brad Hoaglun and Chris Johnson on behalf of the City of Meridian, in their capacities as Council President and City Clerk, respectively. CHARLENE WAY 0A COMMISSION No. 67390 Notary Signature 3-28-2028 NOTARY PUBLIC My Commission Expires: STATE OF IDAHO Water Main Easement Version 01/01/2020 Item#4. LEGAL DESCRIPTION -�: THE LAND Page 1 OF 1 - GROUP April 20, 2022 Project No.: 120154 EXHIBIT"A" CITY OF MERIDIAN SCENTSY WAREHOUSE#4 WATER EASEMENT An easement,situate in a portion of Northwest Quarter of the Southeast Quarter of Section 8,Township 3 North, Range 1 East, Boise Meridian,City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Center One Quarter corner of said Section 8(from which the East One Quarter corner of said Section 8 bears South 89°54'50" East, 2615.03 feet distant);thence on the east-west mid- section line of said Section 8, South 89°54'50" East, 595.06 feet;thence leaving said mid-section line, South 00°05'10"West, 243.97 feet,to the POINT OF BEGINNING: Thence South 89'30' 11" East, 17.14 feet,to a point on the west line of an existing City of Meridian water main easement,recorded under Inst.#2014-075849, records of Ada County; Thence on said west line, South 00°29'49"West, 20.00 feet; Thence leaving said west line, North 89'30' 11"West, 17.14 feet; Thence North 00°29'49" East,20.00 feet,to the POINT OF BEGINNING. The above-described easement contains 343 Ft', more or less. PREPARED BY: The Land Group,Inc. Michael Femenia, PLS �� t 5ti4 VVGE .rry+Y-1 6 Q FwY T OF 0+12012022 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 hekandgrat,pinc.son Page 88 Item#4. EXHIBIT B I water Easement ��;�N for City of BAeridian Situate in a Portion of the NW 1/4 of the SE 1/4 of Section 8 Township 3 North,Range 1 East,Boise Meridian City of Meridian,Ada County,Idaho C T�OF 2022 A OV2012022 E 1/4 SEC.8 E. PANE IVY � CP&F#2020-052069 S89°54'50"E 2615.03' { 595.06' 2019.98' C 1/4 SEC.8 J CP&F#2019-055315 I EXISTING CITY OF MERIDIAN f WATER MAIN EASEMENT INST#2014-075849 ! y , 2499 E PINE AVE I HOT 1 LLLP APN:R7724570700 a f I t o � P0B S89°30'11"E 17.14' f ��y CITY OF MERIDIAN _ I F WATER EASEMENT 1 343 Ftz± S00°29'49"W 20.00' N00°29'49"E 20.00' ` m — v — , N89°30'11"W 17.14' Exhibit "B„ Q 30 60 a tt Horizontal Scale:1 = 30' Project No.:120154 Date of Issuance.Apri!20,2022 r s THE eater Easement e; LAND City of Meridian ova GROUP Scents Sicentsy Warehouse Page 89 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Aviator Spring Subdivision (FP-2022-0013) by The Land Group, Inc., Located at 3235 N. McDermott Rd. Page 90 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 5/18/2022 legend DATE: Project Lflcfliian TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2022-0013 Aviator Springs No. 1 LOCATION: 3235 N. McDermott Rd., in the SE 1/4 of Section 32,TAN., R.1 W. � r II }5 �5 r I. PROJECT DESCRIPTION Final plat consisting of 95 buildable lots(93 single-family residential&2 commercial)and 13 common lots on 25.35 acres of land in the R-8 and L-O zoning districts for the first phase of Aviator Springs Subdivision. II. APPLICANT INFORMATION A. Applicant: Matthew Adams, The Land Group,Inc.—462 E. Short Drive, Ste. 100, Eagle, ID 83616 B. Owner: Steven Benson,AG EHC 11(LEN)Multi State 2,LLC—8585 E. Hartford Dr., Ste. 118, Scottsdale,AZ 85255 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2021-0065)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. There is no change to the number of buildable lots or Page 1 Page 91 Item#5. amount of common open space; therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 12/2/2021) THE I II GROUP • .. : � r:� �1�11=.•I. .=�1.=:!fir: :cl, •l.= _ r P.Pem0.na L T w!•u.•._.I•�I•.�.I•"" �"h fl:� III --- �� .� I LJL JL JL � LJLJ ' ' r �rJr�rrr lrJr rrl $ � —_ � Geremper• _.=.� a'—• `,.;�;. .,, �a,...,.,,•.a,. Planner.Engineer,Landa pAr; ,t: O _ •I: I —il�il�l�I�I� } —! — �_ it i ,.,�.;�,.,,, �MM�� y LJLJ L J L J L J (', °"_ f ,,,�,,,.,,.,,•,�a, 2.�,,, —il=h CI auI _ r 4 CL � Ir __ �I�II�IY�I�� — r' �+ imu,s•ne,amiewie�oma __ �C.1 ;� ...�. •`�— — I� n�,.d.,n�,m .,..,.. ,,.� ,�.m ma ppig __ - - �� ••�aa.m,.,,.•�a. ",�•,•,—a Bh—k.rAm ar Galan Rig eac •W+I !IWe� I.. it dl�'I=.'.'• 1• - W I§ ---- fro -- -- -M. .. �:.....�., ..,... �. ung apn I��I�tle.'�' a; xoni G n: 9 Prelimi ary Plat-orerrier _ �� 4r , U PP-01 Page 92 Item#5. B. Final Plat(dated: 4/7/22) R Final Plat for r.rRr�eRR ea. 5.2 328 Aviator Springs Subdivision 8.92 S.SB NPeF�I'6, CHORAR RIDGE SUBDIVISION ' j PoN-1RRPoNtfePIAL® Located in the NE 1/4 of the SE 1/4 of Section 32, _ SB9't93Sf 91A9U � �_6- - areas - -pl " — wNww� Township 4 North,Range 1 West,Boise Meridian m s� City of Meridian,Ada County,Idaho O — — IN Rer_ ——— i f R rwRmEwnNrNN 2022 O 3, ,D.—�wNw, �s 7 f Notes - - - 00 00000 00 O Scale-11—108, Legend Q0 0 0 0 0 0 i i $ ® PoNroNaR®RR SowN -:v.IN " I f g' � 0 e,w-Na F•�rm � ! 1 "i s7 uz�Rezx wnx Rarnc _ - ' ua, Pomaev oesw N®u Nc sm r _n O gcnoxuxs �I � } I I IS� ---- sieoms Nxeauxourcur -_ _ g Ln x�Rw wruxcs _ .N O I" O I 1 — cur I'-xe s u0 0 0 0 p � I O l ; �71777,7777. � INew l �5„aa Surrey Narrative - - 0 0 0 0 0 0 0 0 0eRmar�E xn.e 11 � RasrN,Ex�,Na.,a 11 rxNrNNNR�alwmesou,rexsrcweeorsaams I � O �I emu e e I I � I I wuu nunwRmccays or wrvrs. rw��'� col.- -_ ¢R i xrmuN _ mmr f.n�I a � I f. c�wwe�samrmmnE sol�inusr Referenced Surreys w RIPo�oFPoR�r,�r�N�o��.r� .. .ImE 1 Ir re,xo. I s. RlmRo cr,uwue,w_sam.Rrwumrrvwrnmi ¢. ._ — I � ,s�sarPisuR.uawcwxmRaams. — UNP�le'Ni61Y-, TTEo O R.MuaAo R W Rn:THE71g M .--- ,.—._._ LAN D GROU P Curve Tale 7mO — p = l z .`� Iml w Page 3 Page 93 Item#5. Final Plat for Aviator Springs Subdivision 2022 q-�-wo---eam�atlom mmw mm xim �m o mm m � mm sm o n l��a---o r��1 mxm OBeOQa0ao00a0`a0=80aaOasOadOaa�s a wl 1 ,0 s § §e s o OO 5si 1 scale:,°-6h II -_�y -�:uo,4 a�.i see sheet,for No,es6Legene I" C.-Tahle(This 3heel On1Y) Oe r r- Femre, �amre„ � �'zl xre,sw 3'Ie °e 0 e O�o O g a a)(D (D (D 6 o Cv)g 77 Ix w �mmw R�I� ®�oaoeeo®oo=ao ® � o _ 3F '1 m�m w o� sl xmr h ,s� i 11 e s�0ad0�e0a0a� Om s�p�e O w�%,e%e�z,l� THE LAN DR ' .GROUP � i= mao„ Final Plat for Aviator Springs Subdivision 2022 � F `— Sce SMe[lrorxoles6LegenO Cu—TOW(Ihisshee-1y) o rew�w �� a "pe�0aa0$dOa2(D(D sOsa03 18 i i e i 0 a "__�\\ mxw-_n�'I� � dOaaOs�OsoOaaOsoOaoOsaO�p� `I6' 0 '� � �_ -mm-__ - - - -mm- - zsr Y�s t �' - _ - _mma�'I ,'^ one Tahle(Tnla sneer omTl r�m:1-------- V SAM THE TBBO s LAND Z GROUP Page 94 Item#5. C. Landscape Plan(dated: 04/7/2022) CHUMS RIDGE SUBDIVISION Prule�Calcsla ms NO THE LR W�.6ROIIP g ------ c I ' IV rn� � Landsca a Plan Overview I L1.00 Pagc 5 Page 95 Item#5. THE, 7ED 5`.BEGIN - GROUP G _ 3 eo 2 BEGIN (zl I PF(2 t nI PA t + + I ° Laeaed: ---- pm P PG(4) �. ' + 1G 15 A%(3 ` -- 12 + dJ GP +'rMa'1 3DO 516a BB(O -� y pph GG 12 • 18 m El F_.,�i �El waw�ry �LL 1)PN 3)GG 3)Pa t + f '—Dare x OR u 5 J PP P9 y Ix AX 13 eO 13 • dI CP G5 I I] mOFB �J lyc � ��f 18 m n�auF C (O I s(G ONn 15 BB 14 CP d $$ -- 'T-- �pn ' ED- 1, 12 MS(2 CG 11 mOFd ] PB GP 15 I� 21 A° Pa 2 p11(' 16 BEGIN a� � 1)PA t m� a.m 1 OP(1 - 1 �� - 15 ............. ' O � pFB1 3)BO BO(3J] GS1 OP 1)PF OD(2) 8 J GS 1 11fi P61� - umrscevNndivt i Landscape Plan Area 1 L zl eo p f - , ePln 8 - _ um�ea: _ TIE 15 '- '�/ - 1j 0A uj PF - —�61 :10: p■■®LAND W RRDDP 1 - - - BO IG L _ Ms(z can morel Hai _ W I MS i i'e d OR 1I a'ex(1)A ��.wg e _ __ _ ___ _� — _— _ vvetY so ❑ El.T Ax 2 El Mkt r ;,8 m x`. '.7 �......� e A Gs MG F [ _—.,214x Is 11 PA PA(v2 t 13 t - A% GSIa F' 9dFLu MS f1) L 11 PF li- 1°n Q _ - 91G9 v le ``t�`•\Msl, ` .cP 1si' ' 11 dr. G,al ul n519 M U O .a.�..... ,x•,P-ti••._ pGG\ PF19U — =8 I PA Cb 11 G9 -Fxx,�,, \`\ I `a- landsaa^e Plaa Area 2 L1.02 Page 96 Item#5. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2022-026378) and preliminary plat(H-2021-0065)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of City Council's approval of the preliminary plat(by February 8,2024); or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by The Land Group, stamped by James R. Washburn, dated: 4/7/2022, included in Section V.B shall be revised as follows: a. Note#6: Include Lot 9,Block 2 as a common lot. b. Note#10: Include the recorded instrument number for the CC&R's. c. Note#11: Include the recorded instrument number for the existing ACHD easement. d. Note#12: Include the recorded instrument number of the ACHD license agreement. e. Include the recorded instrument number of the City of Meridian regional pathway easement graphically depicted on the plat. f. Include the recorded instrument number of the City of Meridian water easement graphically depicted on the plat. g. Include"Phase 1"in the subdivision name. h. Graphically depict a minimum 35-foot wide street buffer along future SH-16 in a common lot or on a permanent dedicated easement in accord with UDC 11-3B-7C.2. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by The Land Group, Inc., dated 4/7/2022, included in Section V.C, shall be revised as follows: a. In Project Calculations table, include the required number of residential subdivision trees as set forth in UDC 11-313-7C (1 per 35',may deduct 26' for each driveway); include the required number of trees along micro-paths as set forth in UDC 11-3B-12C.2 (one tree per 100'). b. Include the tree classification(i.e. 1, II or 111)in the Plant Schedule. All parkway trees should be Class 11 in accord with UDC 11-3A-17E. c. Include a detail of the proposed wall along the east boundary along future SH-16 that demonstrates compliance with the standards in UDC I1-3114D.3. d. All stormwater swales incorporated into required landscape areas shall comply with the standards listed in UDC 11-3B-IIC. e. The pathway on Lot 10,Block 1 shall be redesigned/relocated so that landscape strips are provided on each side of the pathway in accord with the standards listed in UDC I1-3B- 12C.1. Page 7 Page 97 Item#5. f. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B- 12C.2; include a mix of trees, shrubs,lawn and/or other vegetative groundcover. A copy of the revised landscape plan shall be submitted with the final plat for City Engineer signature. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district and 11-2B-3 for the L-O zoning district. 7. The rear and/or sides of structures on lots that are visible from future SH-16 shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 8. A 14-foot wide public use easement shall be submitted to the Planning Division for the multi-use pathway within the common open space area along future SH-16 prior to submittal of the Phase 1 final plat for City Engineer signature. 9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 208-887-1620 or Susan.L.Prescott@usps.gov for more information. 10. All fencing shall comply with the standards of UDC 11-3A-7C. 11. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council(i.e. the Eight Mile Lateral). 12. Landscaping on the non-residential lots(i.e. 9, 11 and 12,Block 1) shall be reviewed for compliance with UDC standards with the future Certificate of Zoning Compliance application(s). 13. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Move streetlight currently numbered 52025 to the North side of Yoke Street. 2. Add a streetlight to the South side of West Altitude Street between streetlights currently numbered 52034 and 52039. 3. Add a note on streetlight plan that reads "All streetlights and streetlight amenities(conduit,meters, junction boxes, etc.) shall be located within the right of way/utility easement" 4. The streetlight numbers on the plans need to be changed to the following: 55813C, 55814C, 55815C, 55816C, 55817C, 55818C, 55819C, 55820C, 55821C, 55822C, 55823C, 55824C, 55825C, 55826C, 55827C, 55828C, 55829C, 55830C. 5. Provide a 20-foot water utility easement between Pilot Court cul-de-sac and North Alameda Creek Ave. This easement will be used to provide a location for future water looping. 6. Sewer service must be installed perpendicularly to the main, or connect at a manhole. A supplementary document was provided in the online record for detail. 7. Do not extend sewer to the southern boundary. If manhole SSMH-23 is not needed for this development, it can be removed. 8. Dead-end sewer mains must end in a 0.60%or greater slope. Page 98 Item#5. 9. The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. 10. The applicant shall be required to pay required to pay the Oaks Lift Station Pump Upgrades Reimbursement fees in the amount of $185.43 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. General Conditions: 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 19. Applicant shall be required to pay Public Works development plan review, and construction Page 9 Page 99 Item#5. inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 20. 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. 21. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 22. Developer shall coordinate mailbox locations with the Meridian Post Office. 23. All grading of the site shall be performed in conformance with MCC 11-1-4B. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 31. 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. Page 100 Item#5. 32. 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. 33. 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. 34. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 11 Page 101 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Jump Creek Subdivision No. 6 (FP-2022-0004) by Kent Brown Planning Services, Located One Half Mile North of the Northwest Corner of N. Blackcat Rd. and W. McMillan Rd. Page 102 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/18/2022 Legend ---- DATE: letPra�ect Luca fon TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 SUBJECT: FP-2022-0004 F Jump Creek No. 6 LOCATION: The site is located at the northwest corner of W. McMillian Dr and N. Black Cat Rd. on Parcel SO428449525 in the SE '/4 of the SE 1/4 of section 28,Township 4N, Range 1 W. CITTTTTI I. PROJECT DESCRIPTION Final plat consisting of 44 buildable lots, 6 common lots, and 1 unbuildable lot for future platting on 12.31 acres of land in the R-8 and R-15 zoning districts,by Kent Brown. NOTE: Staff is currently processing a subsequent preliminary plat(Jump Creek South H-2022-0006) to further subdivide the one non-buildable lot into additional residential lots. II. APPLICANT INFORMATION A. Applicant/Representative Kent Brown—3161 E. Springwood Dr,Meridian,ID 83642 B. Owner: Corey Barton,Endurance Holdings— 1977 E. Overland Rd.,Meridian, ID 83642 III. STAFF ANALYSIS The annexation,preliminary plat and development agreement for this development was approved by City Council in November of 2014(AZ-14-011,PP-14-013,DA instr. 2014-105206). The approved project allowed 318 single family lots and two multifamily lots on 85.9 acres.Five final plats totaling 264 total lots,including seven(7)multi-family lots have been approved by the Council to date. Phase 6 is platting 44 additional buildable lots. In May of 2021,the Planning Commission approved a conditional use permit for the first seven fourplexes(Jump Creek North Fourplex CUP,H-2021-0018). During review of the project,it was discovered that Jump Creek No 4.,the final plat intended for the fourplexes,was platted as individual lots for each fourplex,whereas the preliminary plat approved one multi-family lot(see annotated Page 1 Page 103 Item#6. preliminary plat below). Further the applicant intends to subdivide the other multi-family lot approved with the preliminary plat in the same manner,which exceeds the number of lots approved with the preliminary plat. The additional multi-family lots with be platted with Jump Creek No. 7. Currently,this depicts Lot 7,Block 20 as an unbuildable lot which will be platted for 20 additional lots with a new preliminary plat(Jump Creek South-H-2022-0006). Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and development agreement in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat matches what was approved with the preliminary plat and development agreement,there will be a new preliminary plat to increase the number of residential lots as noted above,the final plat contains the same number of dwelling units and configuration,and contains the same amount of qualified open space, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 Page 104 Item#6. V. EXHIBITS A. Approved Preliminary Plat(date: 5/30/2014) Z. L IL I j Jump Creek No 4 r = Fourplexes were f -- platted on 7 lots whereas they were —" — supposed to all be on same lot $ uJuwi 22 � �t o 2a4111 1 m x a g * I 12 remaining X, fourplexes will be platted as Jump ' Creek No7ata ci� later date i I JUMP CREEK NO 6 CURRENT PHASE m Ei HE Page 105 Item#6. B. Proposed Final Plat and Annotated Final Plat(date: 1/25/2022) S83-43'26'E 5.28 ' S89'22'25'E 48,0o' 9RA55 CAP 105.49' 506'16'34'W CRkl'W15-OnM 2 28.55' JUMP CREEK I G1 SU6Oo 1211 PAGE 9001-19003 900� � 1 110 PAGG.E$1579�15 99 e S00'36'46"W I 4�91.00' S86'19'57"E Iry 4 1 589'16'45'E 30.05' S89'28'52"E 1 5 LDCJC f9 I -- 1 1 18 19 20 21 22 23 24 26 27 28 29 30 31 4 1 1 LU a 5 Er W. APGAR ST. U # Ll l �^ 13 12 11 1❑ 9 8 6 5 4 3 2 p i 7 ❑ N JIJUP CREEK z I i a0a< 21 S11f311MSON N0 7 1 ODGR PAGE @f_OCK 27 8 I 14 15 16 17 18 19 20 7 21 22 23 24 25 1 1 7 9 1 ,'J 3'57"W S00'3 I 1 SUO IW. RIVA GAPRI ST. 9 f 1 I I I 7 u7 in I N p b I ��_ S :-��__ B-- 20-`_ B POINT OF BEGINNING 1/16 OU'3T35"E S89'20'19"W N89'18'45"W NQO'43'15"E 28 37.00' 497.54' -- -W. NICAIILLAN RD, 495,74' 49M' N89_t 6'45`W "28VNREADLE - --i�3 J1a' 583'41 E S.2$ S27 56D'22'.25'E .-48.OD' BRA35 GAP 1o5.�C' CPJIF 1haDl5-D7ax,s 30fi'1 fi'3d"5r 4 V�w MIK i .-�;f 9�RUp>r.0.s ,LW SAEEK GGfAvM71 NO 1 Bdf)If P a ACE yMi-MD3 DDd1 11-0 PACB 15705-JS759 i 3 oo 1 s '46"w I�g1.90' 585'14'57_E 1 34,Q5' 1 ll 4 1 S8g'18'15'E 5997E'S2' L _664.58' 1$0-QQ'_ ' 5 �_fKN f9 1 } _- 18 19 20 21 22 23T 24 2t 26 27 29 29 30 31 4. 1 ; W. APGRR sr_ w LL S O� F3 U� = 1] 12 11 10 10 8 6 5 4 3 2 7 J z de r, 1 JMP UIEEK &, 21 9J6EA1>•IAEr+x4 s 1 9! 21 $ I 4 1i 15 if, 17 18 19 26 7 21 22 23 24 25 7 rC 500'33'57-W I f e _ 1L RIVA CAFR1 ST. g 9S,1kS` C ■u I F This unbuildable Lot 7. block 20 will be platted as Jump Creek # South under a separate preliminary plat for 20 lots at a later date " I b IX.'K 20 91- _-YPOINT OF 1 wawE��}w{wE.w.ww.r rf77'rrrnrrifn P .-z rrrn:rxn m�tfR7fY��rrr�r..r.■.-.3OE41HNIHO 1 - NCC"37 35 E S39'2 19 J MH a5'71 NOd-;S'15 1B ?8 37.CC' �97_Sd_ 5.28 ;5.27 uvh11LLU1 RD. 49tr_7i' 49-DN64'16'45'4Y_ _ 323.61 S33 S.34 cp&r EAP was pm-omr,5 Page 4 Page 106 Item#6. B. Approved Landscape Plan(date: 11/2/2020) PHASE 9 LIMITS -r-.. PLANTS • ---+-- W.JUMP CRERIS OR I T ---�- .. -� +.y. � hL,�'LIIE•SEE 91EET 41.tg d I I I 1 1 I. I nxe �J � '`"�• sloe-,,.n __. ___ •• .� ��— Y: .� JLAN❑SCAPE PLAN -AREA ONE ❑R. s - --� Imo` • ,� -- ' ----�--- ---- --- „-, � ' � 1 I I I µgiGXLlr#•S�ESr£ETL1,1Z '''s � I �� hNTGXIJXE 3moLo L1,1i I m I I — .var I i BJ OCK 21 ;;d + r nm -: . II � I � I C!..n , J�r-+� �•b�Her�er¢e m 20 ■� , -� !'I I JI I _ ";_� ; •� / iui�n e.bc.eeiesc� �QSCAPE PLAN — AREA TWO — AREA TWO e Page 5 Page 107 Item#6. I --- _ w-rur -- a -- V,TQkUNE OEE&EE Ii•,-.::; W�77LIE-9EE 8xEEf41.19 1.7 __ i' -'^�� I > I I. I to i e I • I e I �. J 1 I v I ew. t I I I y w.�EIGIi16H S1�------------------------------------------------------------------- I I �:. . :.•. �,.;•,--;'P ._•�.-,tom - - .................................................................... �� .____r....... ------------------------ I ................ . .... ........ ... ........ PHASE 6 UMrrS— —PI Lfi LIMITS r 1 I NATCILNE•H£91EET L1,14 - IL 2 1 I+ -.ti I I t J I � I I �� •. I C m 1 - ' --�-- I � I ..—n . H1� �— _• a .- �� 4��:1—_ �__ _ » w.LLICHroNrsr. _ I I u'•I G 1 I �� •_E��Fh�y rr� __ I 1 1 � � �I� I I• p I � y n � — — T r1 P_ N f)A V' I '�— ' W.MCMILLAN ROAD E ��PINSEb LIMITS 1 ry'LMQSCAPE PLAN -AREA FOUR rage b Page 108 Item#6. C. Open Space Exhibit(date: 3/03/2021) 9 t i I x I� I i Or iRrtis 37 ~----- I R r. 1 r,"J I 1 r ----mow'EMMI€`_ _�- - - - •—•----�--- '9 f`'P9�t. - .� 5. i elm' Page 7 Page 109 Item#6. VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The applicant is to meet all terms of the approved annexation(AZ-14-011),preliminary plat(PP- 14-013)and development agreement(Instrument#2014-105206) for this development. 2. The applicant shall correct the Final Plat and landscape plans to reflect the required street name changes as indicated on the Ada County Street Name Review document dated November 10, 2020. 3. The applicant has two years from the date of signature on the previous final plat phase to obtain City Engineer's signature on this final plat or apply for a time extension in accord with UDC 11- 6B-7. 4. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 5. Revise the notes on the face of the plat prepared by Bailey Engineering,Inc.prior to signature on the final plat by the City Engineer, as follows: a. Add date to the Final Plat. b. Add note that Lot 7,Block 20 is unbuildable and will be platted as a separate plat. c. Remove"Subdivision"from the name of the plat to read only as Jump Creek No. 6. d. Add a note that references the recorded development agreement(Instrument#2014-105206). e. Note#8: Include recorded instrument number. f. Note#9: Include recorded instrument number. g. Note#10: Include recorded instrument number h. Note#11: Include recorded instrument number. 6. The landscape plan prepared by South Beck&Baird, dated 11/02/2020, is approved as submitted. 7. All fencing shall be installed in accordance with UDC 11-3A-7. 8. Stormwater integration facilities shall comply with the standards listed in UDC 11-3B-I IC. 9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster for more information. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 11. Prior to the issuance of a building permit,the final plat shall be recorded. 12. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 13. Future homes constructed within the subdivision must comply with the submitted elevations approved with the recorded development agreement. Page 8 Page 110 Item#6. B. PUBLIC WORKS Site Specific Conditions 1. The blow-off valve shown on sheet C5.20 needs to be constructed per Standard Drawing W 13. 2. Infiltration trenches must be 25 feet from water main lines (including hydrants). This requirement is not met for the infiltration trenches located along Willowside Ave. 3. The access path providing access to manhole SSMH C3 must meet City standards for width, turning radius, depth,materials, construction, etc. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety Page 9 Page111 Item#6. agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Page 10 Page 112 Item#6. Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 11 Page 113 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Pera Place Subdivision (FP-2021-0061) by Leavitt Engineers, Located at 4600 W. Daphne St. Page 114 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 3, 2022 ORDER APPROVAL DATE: MAY 18, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 64 BUILDING ) CASE NO. FP-2021-0061 LOTS AND 8 COMMON LOTS ON ) 16.63 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR PERA ) APPROVAL OF FINAL PLAT PLACE SUBDIVISION. ) BY: TONY TSENT, APPLIED ) MEDIA INC. ) APPLICANT ) This matter coming before the City Council on May 3, 2022 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 PERA PLACE SUBDIVISION, LOCATED IN THE SW 1/4 OF SECTION 27, TOWNSHIP 4N, RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: March 24, 2022, by Michael S. Byrns, PLS, SHEET I OF 5," is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Pera Place Subdivision—FILE#FP-2021-0061) Page 1 of 3 Page 115 Item#7. 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 May 3, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Pera Place Subdivision—FILE#FP-2021-0061) Page 2 of 3 Page 116 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 18th day of May , 2022. By: Robert E. Simison 5-18-2022 Mayor, City of Meridian Attest: Chris Johnson City Clerk 5-18-2022 Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-18-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Pera Place Subdivision—FILE#FP-2021-0061) Page 3 of 3 Page 117 Item#7. EXH I BIT A STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 5/3/2022 Legend 10 DATE: - � Project Location I R 8 TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner psi ® ,`5 208-884-5533 R ral fJ, SUBJECT: FP-2021-0061 d R :� Pera Place Subdivision 5M LOCATION: The site is located at 4600 W. Daphne �M WA- Street,4546 W. Daphne Street,and RUT R 8, Parcel SO427325702,near the northeast corner of N. Black Cat Road and W. Ill McMillan Road,in the NW'/4&the SW '/4 of the SW '/4 of Section 27, Township 4N.,Range 1W. I. PROJECT DESCRIPTION Final Plat consisting of 64 residential building lots, 7 common lots,and 1 other lot on approximately 16.63 acres of land in the R-8 zoning district,by Leavitt Engineers. II. APPLICANT INFORMATION A. Applicant/Owner: Tony Tseng,Applied Media, Inc. —6518 N. Fairborn Avenue,Meridian,ID 83646 B. Representative: Dan Lardie,Leavitt&Associates Engineers,Inc.— 1324 1 st St. South,Nampa, ID 83651 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. The submitted plat includes the same number of buildable lots and open space as approved with the preliminary plat. Furthermore,the submitted final plat application contains the necessary documents to satisfy preliminary plat conditions of approval. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 Page 118 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. Page 2 Page 119 V. EXHIBITS A. Preliminary Plat(date: 11/13/2020) 7 It,e —RMA 7—di -4 PI tz It P; 0- H iL I � h I I I I I I 2 N o PERA PLACE LEAVI�&ASSOCIATES !SE SIJ ENUINEERS,INC. PERA PLACE SUBDIVISION PRELIMINARY PLAT ueRioiaNM.M. R=92 Page 3 Item#7. B. Final Plat(date: 3/24/2022) S Basis of B 2637 s B-1 Cat Rood o 4 v a m � 2 9^N v LS � n O <v \ �F ❑ nlm _ z N NOa'31'OS"E 634.35 m i9e w - — _- ❑ so N.Cal ssau Ave (Puhlle) 0 C o 000000000 f� n V S O ern ° C 0 0 0 0 0 0 0 0 0 � Qo.❑ ti O N.Lichfield Ave. (Public) . O d � ❑ O 0 e e 0 � o M032.0 W 634.55 L tl5 o N vecv uzn Cvinnvnis \ �bdtn�+siovv 3 Q O O s ' _ co — u °�o a • � I em Page 4 Page 121 Item#7. N.Black Cat Rd. N00'31'09"h 255.13 ...... 3 31'as w 2fifi� go - _ 3 L5 m uoaar2r¢ I� - BI,Si' T p92'2J 'i N00'sY -215'i 23.5' �J 1 U L5 f A O s uaDC sfi�- I m42z — I Sgi O oaC oF•c�um ea.9a '� s^¢ - PRO — �w m - N00'0.Y'3e"[ &IA5' Ptl ° u 109,95' �11 psd6•�2 O �o s o� O O a - om mo a � w ae-e,oa.ae'' of� s•E I � wl e O O 1� Ll'coa5'] S 72.1' noe - -_ J v Noo'0.3'3a'E 51.96'a al -E 23H.48' 9et 2 $ePho A-(Public) wo 84. 0-1- �M _ Page 5 Page 122 Item#7. s n o 5 70'w oa5'0¢6 _ I e 85]0' T N "E 63M.35 "I^' � G 'aY2TF a im w o - .. _____5].QB___ 24fi- _54 _.._1]4•➢96 s___ I 100' ® O _ 5 2 O O O $; OAvO � O 0 = ' O O 42rEpo os s,o.a zsos' C54r2TW aA9a - < m — w —� o N E _ _ —up N,Coloe m Av (Public) O m�ti a - _—_ - - 3N'E SrA.fifi' i s OO s�I 01.,�' I ro� N m Tl- � ne,.)6 -f 2'1TEB2xag `�s1040 ,g a'J O01,5' ti /N 0A - 4n, - Lo 00936'E Is,Sa' a x Sa•oy fi OC'U_J6"[va.4a' r L28 Sheet 2 —`-- oo], R _ - n o N00'cY=e"[19�99' 41'20'E a�05'�Eg Sheet 3 c e it m m s> r � I ^I Bfi 98 00 OC a°E 6]).41' G aM O g m O s3.O6'U 53.96' v.gs 53.98 C205' 5e.ce -� 590'as'3e"w I C.0 Nao'¢.i'36"E N004336"f o� u x Bs,]9�iOgC� gpO O oO O $; OgOguC� �23.51x3.fi' ; 3a9 N_Lich Fleld Ave.(Publk) NWaJ'M2 4J G52 O t�Ll 43'36"w 100 ].4l u sa'E am of "'o I1 E m 0 ci 550 u 00'U'3A°E 3].aS v I m o a`]ye9'_ i2a6'___ss Q4'____SJ.IIa�___-�3.04.___3,1,➢5:.._5].P&_- 52.95--34.4Ei�•�_ o_I $ s 509'>s"W G� m a .--6SC6-__•. S00'32'04W 634.55 u .31 _ _ _ _ _ _ _ N $ S `0 8 8 S �) n a 6e P6pfFs�y C C - - g ox am I s� Page 6 Page 123 Item#7. C. Landscape Plans(date: 1/5/2022) N BLACK CAT Rom_a D m D d Z IM I p IM X. J" \ t 11 i IIJ 1-HIM -- — MATCIi �- EI L1.1_ MATCi I1JE-8 L1.2 II€ ° o0000 oon Apo" r I D �4�Ij* a c r $ids g Jz 0 ly,� *_ a g z E g3 8 r _E€ #sa y U) m �- G) s S a a - m ens O O 035 O OZ - - . . . . . .R' Z em rfl tl 4 i 4 d4 4 d e LEAV ITT&ASSOCIATES PERA PLACE SUBDIVISION - ENGINEERS,INC. LANDSCAPE PLAN-AREA ONE STRUCTURAL"CIVIL r-; era"N i 1o1RdM'VE. SURVEYING J�" REVI610N6 NNYMI"x�eR916N1"AXO.ICOm Page 7 Page 124 Item#7. LANDSCAPE LEGEND z PLANT SCHEDULE J 7 BLOC KZ - —M, x 7-71, BLON 2 1: z K LINE-SEE L�.2 • HLINZ-SEE I 3 Y-U LANDSCAPE PLAN-AREA-11 CALLOUT LEGEND glow sio...UEF' f • LANDSCAPE LEGEND NE SEE INE SEE • a MA7CHL SEE 1,1 : ------ Lu aZ z PLANT SCHEDULE 14 . ............ ........... L --- ------ 1. 60 z A IDI L 7 L--- ��-- - I L A CALLOUT LEGEND it o TS T.— LANMOARF PLAN-AREA THREE SOUTH 9ECKR Page 8 Item#7. LANDSCAPE SPECIFICATIONS dim a3 t '•^^-�^ W, � a nWROUGHT IRON FENCE � Q�' eoclNc (1 PLANTER BEO CUT EDGE :Tw o;,:,,,PCPs r:,.x,x r.;� .a..-..r .,..,. ....• _ ��'�- � - O BOULDER INSTALLATION w CONIFEROUS TREE PLANTING PLANTING SOIL NOTES - O 1 w 5 _ Y _K2 �l PLANTING •" .>< } �a<8 PERENNIAL&GROUNOCOVER, tt WEEDARATEMENT .y m..,,....a ,.. DISCLAIMER .... --<a <...� _ .. %1SHRUB PLANTING ` -``-- ^ n DECIDUCU$TREE PLANTI NG 3 �L4 CA ®PLAYCRAFT' <_ ❑p �� Lu R DSXWPM Area Light c n PICNIC TABLE �6 FOOT BENCH �� %� �•C' E!f r� . ...... ..� .. ...L ..» a.....a.. ..r Z n z _ - \�c3yFfd Z OVER HERO TRELLIS ELEVATION ®®® ' 'TREX'(or approved equal) 0 i yI 0ECXR Page 9 Page 126 Item#7. D. Common Drive Exhibit nip •r R • I I I ryLW PHIIDMQJA CT. ,I r ,I 2 �I —J III I r j f.,• I e.� II I'I� - _ • w � ��r I :�i I J , I�III� I �I �, I I L. I •_� II JII if. --- L-- - ' i Ottr z •r ea a Page 10 Page 127 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-2021-0056 (AZ,RZ, &PP); H-2021-0091 (DA Modification). 2. The applicant shall obtain the City Engineer's signature on the final plat by January 4, 2024, within two(2)years of the date of approval of the preliminary plat findings (January 4, 2022),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 Idaho Survey Group, stamped on 03/24/22 by Michael S. Byrns,is approved with the following conditions to be completed at the time of Final Plat Signature: a. Note#10: Include recorded instrument number. b. Revise Note#12 to depict new DA instrument number(Inst. #2022-011570). 5. Prior to City Engineer signature on this final plat,revise the landscape plans shown in Section V.C,prepared by South,Beck&Baird, dated 1/05/22, as follows: a. Provide an exhibit/cross-section of the micro-path through the large open space lot(Lot 7,Block 1)to show compliance with DA Provision A.lb. 6. At the time of application for City Engineer signature on the final plat,the applicant shall provide an update on the interim sidewalk design and placement along N. Black Cat Road and the Poorman outparcel,per DA Provision A.1d. 7. Applicant shall maintain and comply with the parameters outlined in the construction, maintenance,use, and repair of the Poorman Drain Field Agreement attached to the project folder. 8. 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. A geotechnical report was not provided for this project. A geotechnical report is required to be submitted and reviewed prior to signature of the final plat. 2. Water and sewer mains outside of right-of-way must have a City of Meridian utility easement in place prior to plan approval. 3. Water main should not be installed in common driveways to provide water service to homes. Remove water main from driveways and "bank" meters within right-of-way near the entrance of the shared drive,then run service lines through the driveway to serve each lot.Meter pits should be labelled with the lot and block that they serve. 4. Water and sewer service lines shall be installed perpendicular to the main. 5. Valves at the junctions of Daphne and Lichfield, and Avilla and Lichfield, should be switched to Page 11 Page 128 Item#7. the west legs so they will not be redundant with the blow-off valves to the east. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. hi the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 12 Page 129 Item#7. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or Page 13 Page 130 Item#7. well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 14 Page 131 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Lavender Heights Development Agreement Modification (H-2022-0017) by Breckon Land Design, Located at 2160 E. Lake Hazel Rd., at the Northeast Corner of E. Lake Hazel Rd. and S. Bloomerang Ave. Page 132 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request to modify the existing Development Agreement of the Lavender Heights Subdivision(Inst.#2020-106343)for the purpose of updating the concept plan and relevant provisions associated with the development of phase 4. Case No(s). H-2022-0017 For the City Council Hearing Date of: May 3,2022 (Findings on May 18, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 3,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 3,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 3,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 3,2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Lavender Heights MDA—FILE#H-2022-0017) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 3,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 3,2022, 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 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two(2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Lavender Heights MDA—FILE#H-2022-0017) -2- determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of May 3, 2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Lavender Heights MDA—FILE#H-2022-0017) -3- By action of the City Council at its regular meeting held on the 18th day of May , 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 5-18-2022 Attest: Chris Johnson 5-18-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-18-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Lavender Heights MDA—FILE#H-2022-0017) -4- EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 5/3/2022 Legend 0 DATE: a Project Location ��— ,, TO: Mayor&City Council . R-2 R-4 FROM: Joseph Dodson,Associate Planner R-8 208-884-5533 SUBJECT: H-2022-0017 R-15 Lavender Heights MDA R-15 G-G R -15 LOCATION: Site is located at 2160 E. Lake Hazel RUT Road,at the northeast corner of E. Lake R-8 R=2 Hazel Road and S. Bloomerang Avenue, ® R-C8" in the SE 1/4 of the SW 1/4 of Section RUT R-4 R-8 32,Township 3N,Range 1E. R-8 I RUT I. PROJECT DESCRIPTION Request to modify the existing Development Agreement of the Lavender Heights Subdivision(Inst. # 2020-106343) for the purpose of updating the concept plan and relevant provisions associated with the development of phase 4. II. APPLICANT INFORMATION A. Applicant: Mary Wall,Breckon Land Design—PO Box 44465, Boise, ID 83711 B. Owner: Taylor Merrill, LH Development, LLC—PO Box 344,Meridian,ID 83646 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 4/17/2022 Radius notice mailed to properties within 500 feet 4/18/2022 Page 1 Page 137 Item#8. Public hearing notice sign posted 4/13/2022 NextDoor Posting 4/18/2022 IV. STAFF ANALYSIS History In 2020,the property received annexation and subdivision approval to develop a mixed-use residential development in four(4)phases known as Lavender Heights(H-2020-0009). The first three phases of development depicted detached single family and the fourth phase depicted a basic concept for a multi-family project. The subject modification is specific to phase 4 and the multi-family portion of the development located along the E. Lake Hazel Road frontage. Since the approvals in 2020,the project has received final plat approval for the entire development but no conditional use permit has not been proposed for the approved multi-family lot. Development Agreement Modification The approved Development Agreement(DA) (Inst. #2020-106343) does not include a provision that ties the DA to the submitted multi-family concept plan but does include specific provisions for the subject property(Exhibit VI.A below). The existing multi-family concept plan depicts a drive aisle along the northern property boundary adjacent to the Farr Lateral with multiple apartment buildings along the southern boundary adjacent to Lake Hazel. The Applicant is proposing a new concept plan for the subject R-40 property that does not comport with the proposed multi-family use nor the minimum number of units outlined in the DA. The new concept plan(Exhibit VI.B below) depicts a townhome development and a private street/drive aisle instead of a traditional garden style apartment complex. Further,the submitted concept plan contemplates 30 residential units instead of the anticipated minimum of 36 units outlined in DA provision 5.1 e. For the overall Lavender Heights development, a loss of six(6)units does not affect its overall density in any measurable way but this area of the plat was intended to be the densest area of the development as it is along Lake Hazel and Staff anticipated higher density along this planned mobility corridor and because it is across from Discovery Park. According to the Applicant's narrative,the owner has not yet decided if the property will still be a multi-family project or be subdivided to allow the sale of each unit or groups of units. If the development is a multi-family or townhome project, a future conditional use permit(CUP) is required in the R-40 district. If the units are to be sold off individually or in groups, it also requires the applicant to further subdivide the property. In summary, Staff supports either option as they would contribute to the housing diversity offered within this development and the surrounding area. Based on the process outlined above, Staff will ensure the future multi-family or townhome development complies with the most current UDC standards in effect at the time of application submittal. V. DECISION A. Staff: Staff recommends approval of the proposed MDA per the modified provisions in Section VI.C. B. The Meridian City Council heard these items on May 3,2022. At the public hearing,the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Jon Breckon,Applicant Representative:Todd McDermott, future neighbor: Page 2 Page 138 Item#8. b. In opposition:None c. Commenting: Jon Breckon: Todd McDermott: d. Written testimony:None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Support for the proposed change from multi-family to townhomes: 3. key issue(s)of discussion by City Council: a. Confirmation of future applications required for development: b. Details surrounding future development in terms of circulation, open space,parking. etc. 4. City Council change(s)to Commission recommendation. a. None Page 3 Page 139 Item#8. VI. EXHIBITS A. Existing Conceptual DevelopmentPlan(not specifically tied to the DA) `gn E g q E FEE'�ep� pp_nasj,-,flp Qja', n �i k° S4 13a®k@�R � E9 g•R 9 F�%4�3 ignap gall"'A".4 � � sss £$ p,ppp _ $§ 9° Z I _ , rr"-I I c r " I I rs:, I 1 tf: I 1 1 , I I Ca , TAYLOR MERRILL Y 3— v �Pe LAVENDER HEIGHTS s% ®' �D z 1 ME Page 4 Page 140 Item#8. B. Proposed Conceptual Development Plan— �- ILI— �- w j c f PARK PLACE AT LAVENDER HEIGHTS n Page 5 Page 141 Item#8. C. Proposed Revisions to the existing Development Agreement Provisions 1. Future development of this site shall be generally consistent with the preliminary plat, landscape plan,undated phase 4 concept plan, and conceptual building elevations for- he single fafnily dwellings included in Section VII and the provisions contained herein. 2. The 10-foot multi-use pathway shall be constructed with Phase 1 of the development, except for that area located in the proposed future multi-family or Townhome development along the southern edge of the Farr Lateral, shown as Phase 4. 3. The required secondary access via extension of E. Brace Dr. shall be constructed with Phase 1 of the development. 4. Direct lot access to Lake Hazel Road shall be prohibited. 5. No more than 54 and no less than 36 30 units shall be allowed on the R-40 zoned property. Detailed Conditional Use Permit approval is required prior to any development on the R-40 zoned area if a multi-family project is proposed consistent with the approved phase 4 concept plan—if a townhome development is proposed in this area,plat approval is required prior to any development in the R-40 area. 6. With the sale of all future homes in the Lavender Heights Subdivision, all sales information shall have language regarding the future multi-family or Townhome project that will be a part of this development. 7. Per City Council waiver,the Farr Lateral waterway shall remain open in accord with the standards in UDC 11-3A-6. 8. The required street frontage improvements (sidewalk and landscaping)along E. Lake Hazel Road shall be constructed with Phase 1 of the development. Page 6 Page 142 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Oaks North Rezone (H-2022-0010) by Toll Southwest, LLC, Generally Located Northwest of 5151 N. Rustic Oak Way Page 143 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER ,. In the Matter of the Request for a Rezone of 12.02 acres of land from the R-4 to the R-8 zoning district for the purpose of recouping five(5)building lots in a future final plat phase of the Oaks North Subdivision,by Toll Southwest,LLC. Case No(s). H-2022-0010 For the City Council Hearing Date of: May 3,2022 (Findings on May 18, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 3,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 3,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 3,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 3,2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Oaks North Rezone—FILE#H-2022-0010) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 3,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Rezone approval are hereby approved per the conditions of approval in the Staff Report for the hearing date of May 3, 2022, 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 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Oaks North Rezone—FILE#H-2022-0010) -2- or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. 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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of May 3,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Oaks North Rezone—FILE#H-2022-0010) -3- By action of the City Council at its regular meeting held on the 18th day of May 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 5-18-2022 Attest: Chris Johnson 5-18-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-18-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Oaks North Rezone—FILE#H-2022-0010) -4- item#s. EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 5/3/2022 -- =--- Legend DATE: 0 Project Location TO: Mayor&City Council P - i FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2022-0010 ' " Oaks North Rezone LOCATION: The site is generally located northwest of � ® - 5151 N. Rustic Oak Way, in the NW '/4 of the SW 1/4 of Section 28, Township --- 4N.,Range 1W. J .®® I. PROJECT DESCRIPTION Request for a Rezone of 12.02 acres of land from the R-4 to the R-8 zoning district for the purpose of recouping five (5)building lots in a future final plat phase of the Oaks North Subdivision,by Toll Southwest,LLC. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage RZ— 12.02 acres; Current Property Size—37.5 acres Future Land Use Designation Medium Density Residential Existing Land Uses Vacant Proposed Land Uses Detached Single-family Residential Lots(#and type; 83 future residential building lots; unknown number bldg./common)) of common lots Physical Features (waterways, None hazards, flood plain,hillside Neighborhood meeting date;# January 20,2022—number of attendees unknown of attendees: History(previous approvals) RZ-13-008; PP-13-013 (DA Inst. #114030972). Page 1 Page 148 Item#9. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD No Commission Action es/no Access Access is proposed via local streets that are either planned or currently (Arterial/Collectors/State under construction.No changes to the previously approved road layout Hwy/Local) (Existing and are proposed. Proposed) Stub There is no proposal to change the previously approved road layout, Street/Interconnectivity/Cross including stub streets. See attached concept plan in Exhibit VII.B. Access Existing Arterial Sidewalks/ Portion of required buffer along McDermott Road to the west(west Buffers boundary of Oaks North No. 10)is already approved—future final plat for this phase will be required to complete this buffer. Proposed Road None required to any adjacent arterial or collector streets because of Improvements previous improvements and road dedications. Fire Service No Comments Police Service • Concerns Area can be serviced per letter from Police Department(Exhibit VIIL!!) Page 2 Page 149 Item#9. C. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend Project Location MU-C Project Location ; 0 Mixed Use - - E € in r ange Low Density I , r� . Ar. Residential ensity� R ® ® , CIVIC AA Zoning Map Planned Development Map Legend R1 R13Ll�f� 0 Legend 0 Project Location Project Location � L-OM, y City Limits [ • R-15 RUT Planned Parcels -- € .RUT ; R • R=8 01 R-4 R-4 L R-15 _ - v R 4 R-8 R 1 R 15 + R-8 RUT RUT _ R-4 RUT R=8'- II I R-4 RUT III. APPLICANT INFORMATION A. Applicant: Kristen McNeill, Givens Pursley,LLP—601 W. Bannock Street,Boise, ID 83702 B. Owner: Adam Capell, Toll Southwest,LLC—3103 W. Sheryl Drive, Ste. 100,Meridian,ID 83642 C. Representative: Jeff Bowers, Givens Pursley,LLP 601 W. Bannock Street,Boise, ID 83702 Page 3 Page 150 Item#9. IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 3/22/2022 4/17/2022 Radius notification mailed to properties within 500 feet 3/21/2022 4/18/2022 Site Posting 3/28/2022 4/18/2022 Nextdoor posting 3/21/2022 4/18/2022 V. STAFF ANALYSIS A. Rezone The subject application is for a Rezone that contemplates approximately 12 acres of land, currently zoned R-4. The Applicant is requesting to rezone this area from the R-4 zoning district to the R-8 zoning district for the purpose of including five(5) additional building lots that were lost over the course of the previous 11 final plat phases of the Oaks North Subdivision. Staff has confirmed the addition of five(5)building lots within this phase will keep the project consistent with the approved preliminary plat from 2014. Because of this,there is no need for a new preliminary plat to be submitted—city code allows for later phases of a project to include lots lost with previous phases so long as the total number of lots approved with the preliminary plat is not increased. In short,the future phase 12 final plat is sufficient to memorialize the addition of lots within the Oaks North Subdivision. However, adding these additional lots within the existing R-4 zoning district is not possible as the minimum dimensional standards requirements could not be met. Therefore,the applicant has requested the rezone to the R-8 zoning district. In addition,the applicant has stated within their narrative that the request to rezone 12 acres to the R-8 zoning district along a portion of the Oaks North northern boundary is also in better alignment with the existing R-8 zoning to the north(Prescott Ridge Subdivision)while providing for additional variation of lot sizes within this area of the Oaks North Subdivision. Staff supports the requested rezone for the purposes noted. Outside of the Rezone application and the zoning implications,it is important to analyze other changes that would occur because of the rezone and increase in density of this phase. First,the Applicant is not proposing to change any of the previously approved road network. The proposed local streets and the stub streets along the north boundary are shown in the same locations as before. Secondly,the Applicant is proposing to increase the open space in this phase of the development to meet the latest open space requirements for the R-8 zoning district. According to their revised concept plan and narrative,the Applicant is showing over 180,000 square feet of common open space for phase 12 which accounts for approximately 15%of the gross area. This complies with the minimum open space requirements now required by UDC 11-3G-3. This is helps maintain a livable neighborhood and assists in the project meeting current purpose statements outlined within the new open space regulations. However, some of the open space areas shown on the concept plan may be better suited in larger and condensed areas; Staff will work with the Applicant between the timing of this Rezone application and the future final plat submittal to make any necessary adjustments to the location of the open space as allowed under the subdivision ordinance. In general,the locations shown on the new concept plan do appear to comply with code. Page 4 Page 151 Item#9. B. Future Land Use Map Designation(ht(ps://www.meridiancity.org/compplan) Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. Staff ,finds the proposed Rezone to the R-8 zoning district and anticipation of 83 additional lots is compliant with the future land use designation of MDR. Because the existing preliminary plat and Rezone request comply with the future land use designation, Staff does not have additional comprehensive plan analysis on the future land use of the subject area and this project. The City may require a development agreement(DA)in conjunction with a rezone application pursuant to Idaho Code section 67-6511A.Staff is not recommending a new DA or a modification to the existing DA because the subject property is still subject to the terms of the the existing recorded development agreement(DA Inst. #114030972). C. Existing Structures/Site Improvements: Site improvements are currently in progress or planned per the existing final plat approvals and the future phase 12 final plat. D. Proposed Use Analysis: The proposed use of detached single-family residential is a principally permitted use within the requested R-8 zoning district,per UDC Table 11-2A-2. The proposed use is also consistent with the existing preliminary plat(PP-13-013). E. Dimensional Standards(UDC 11-2): The new concept plan for phase 12 of the Oaks North Subdivision does not show lot sizes. Staff will analyze the future final plat for compliance with the minimum dimensional standards of the requested R-8 zoning district,per UDC Table 11-2A-6. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted conceptual elevations for the future single-family homes. After analysis of these conceptual elevations, Staff finds these elevations to be consistent with the approved conceptual elevations in the DA(DA Inst. #114030972). Due to the number of conceptual elevations submitted,please refer to the public record to view these elevations. VI. DECISION A. Staff: Staff recommends approval of the requested rezone per the conditions of approval in Section VIII and the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on April 7,2022. At the public hearing,the Commission moved to recommend approval of the subject Rezone request. 1. Summary of Commission public hearing_ a. In favor: Jeff Bower,Applicant Representative. b. In opposition: Miranda Kennebrew,neighbor;Daniel Kwok,neighbor; Brenden Owens, neighbor; Elaira Jones,neighbor; Sabrina Johnson,neighbor;Jess Dubois,neighbor; C. Commenting: Jeff Bower; Miranda Kennebrew; Daniel Kwok; Joe Bongiorno,neighbor; Brenden Owens; Elaira Jones; Sabrina Johnson; Jess Dubois; Page 5 Page 152 Item#9. d. Written testimony Five(5)pieces of testimony submitted prior to P&Z meeting—all discussed a desire for more open space and an additional pool within the subdivision and did not support the addition of 5 lots in this phase. e. Staff presenting application: f. Other Staff commenting on application: None 2. Key issue(s) testimony a. Concerns over recent HOA meeting and overall amenity packageof Oaks North as it continues to get built out; b. Distaste for proposed rezone and increase of 5 lots; c. Discussion of adjacent Oakwinds project that may share amenities of overall Oaks North project and the fact it is a for-rent community(unrelated to Oaks North Rezone project); 3. Key issue(s)of discussion by Commission: a. Will any amenities be added to the enlarged open space area and what are they planned to be; b. Content of written and public testimony iy n regards to overall amenity package within Oaks North Subdivision; c. Purview of City to condition a Rezone—Cannot condition a Rezone without a DA Modification. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. City Council: The Meridian City Council heard these items on May 3, 2022. At the public hearing.the Council moved to approve the subject Rezone reauest. 1. Summary of the City Council public hearing a. In favor: Jeff Bower,Applicant Representative b. In opposition:None C. Commenting: Jeff Bower; Larry Lent,neighbor;Ed Kessler,neighbor:Mike Lewis. neighbor; Karen Klawitter,neighbor; d. Written testimony: None since Commission e. Staff presenting application: Joseph Dodson Associate Planner f. Other Staff commenting on application: Bill Nary, City Attorney 2. Key issue(s)of public testimony: a. Concerns with the City mailer not being clear on the project area; Are any condos or townhomes proposed with subject applications: Concerns of overall traffic generation in this area of the City with new developments: Confusion over project area and proposal: 3. Key issue(s)of discussion by City Council: a. Is process of increasing lots in later phases a common practice in Meridian and why does Council not generally see them; Discretion Council has with Rezone applications; Main purpose of Rezone being due to lot frontage requirements versus aiming to increase density of phase 12 and the thought behind the design of the proposed open space lots; Is the Applicant willing to tie the proposed additional amenities to the approval• 4. City Council change(s)to Commission recommendation. a. Make Staff comments conditions and require Applicant include open space and amenities as shown in the public hearing on Mav 3.2022. Page 6 Page 153 Item#9. VII. EXHIBITS A. Rezone Legal Description and Exhibit Map Lanai Desc6ption Proposed Cily of Meridian Rezone The Oaks North Subdivision A pared located m the N '/}of the SW%of Section 28. Township 4 North, Range 1 West. Boise Mendlan City of Meridian,Ada County, Idaho,and mode particularly described as follow& Communcrng at a Brass Cap monurnertil mark:ng the southwest comer of said SectI.Dn 25, from which am Aluminum Cap manurneni marking the southeast comer of the SIN Y* (S A Dnrner) of said Section bears S 89'16'69'E a distance of 2635.25 feet' Thence N 1'W'42'1=aloog the west boundary Of the SW ,of Section 28 a distanca of 2630.B5 feel to an AJurninurn Cap monument marking the northwest comer Df the SW% (W Y.comer) of saad Section 28. TtTence along i1 ee north bound ary of said SVV S W21'17"E a distance of 971.05 feet the POINT Of BEGINNING Thence amiinuing S 99'21'l7' E along said north boundary a distance e. 340 07 feel to the northwest corner of lire NE Y.of the SW YL of said Section 2S; Thence along the west boundary of said NE'/L Of the 3VV'/4 S 0'52:12"VV a distance of 16.99 feet ID a paint; Thence Ieawing said boundary S 89'14'34' E a distance of 596.07 feet to a point; Thence S 0'45'26"Vv a distance of fa6 93 Feet to a point of curvature; Thence a distance of 189.18 feet along the arc of a 600 00 foot radius Curve lek said curve having a oenlral angle of 1S'03'57- and a tong chard bearing 5 8'16'32"E a distariee of 185.40 feel to a VoiM on the Centerline of W Bum Sages Drive, Thence along said centerline the following courses and distances Therim S 72*41'29' W a distance of 157.31 feet to paint of curvatute, Therir-e a #istance of 275 35 fret along the dre OF a 1Q00 9G foal radius curve left. said curve having a central angle of 15"4630" and a long chord bearing S 84"48'11- W a distance of 274 49 feel to a point of langency. Thence S 59*54'53`W a distance of 366 06 feet to a point. Thence 4eavirrg said centerline N 33*05-07'W a distance of 144.00 feel to an angle point on the nofiherly boundary of the Oaks N01h Subdrvision No.$, as shown in Book 121 of Plals on Pages 18996 through 10999, records of Ada County, Idaho; Thence along sai�j subdivision boundary the following Courses and distances: The rtee S 156'54'53' W a distance of 00.00 feel to a point, Landsoll.ttJofirs Pr sndR*tfie Tne�kaMwthSibdn**rs Jab Nn.1&35 Pago a of 2 Page 7 Page 154 Item#9. Thence 5 63'40'51'VV a distance of 73.86 feet to a paint_ Thence S 63"WX VV a divWnm of 70-71 feet to the northeasterly comer of said The Oaks North 9ubdrvrs,on No-6_ Thence leaving said boundary N 6'38'19*W a distance of 137.94 feet to a point; Thence N V38'at- E a distance of 135.00 feet to a paint; Thence S B9°2: f 7'E a distance of 46.00 feet to a point: Thence N VW43' E a distance of 425.00 feet to the PMNT OF 8EGtNNINGt This parcel cof-tarnS 12.02 acres m"or less. CtiMon VV. Hansen, Pt o��'i La&o Land Solutions, PC * 5 Tr November 11, 2021 q, OR 4 Page 8 Page 155 Item#9. TIDE OAKS NORTH TH UBDIVISIO 1 PROPOSED CITY OF MERIDIAN REZONE LOCATED IN THE N 112 OF THE SW V4 OF SECTION 23,TAN„ R.W. R-M. ITS'OF MERIDIAN.ADA COUNTY. IDAHO sI+ fz �i'?'E 13�1.1- Cw -!16 _ __ 5�§ �'�7"E _i31 .13' _ _ _ 24r28 971,Q4` .3a0.0�' S899+'34'E '196.pr PQINTQFIUEpHNliJI� � Ik r- - 589'Z1'17E uor 1 Ilk 39 2E of, IAtAium RD _ Y28 as 9ASIS Or KOM. I-LA ANAD� 1{1 7 100' 2w' 4W q f +1 11 x CURVE TABLE ��pt 0f V° CURVE 0 LENGTH RADIUS DELTA SEARING CHC W. �2 M,35 ROD3. W46'36` 564'48'11'W 274.4-V 'Land Surreyft end Comftng 2J+E 711+5' 53 x ha FbDM i6 6Y dp 4721fe-_AWL �2{d1294250PAM Page 9 Page 156 Item#9. B. New Concept Plan for applicable area(Illustrative Purposes Only) THE OAKS NORTH PHASE 12-UPDATED LOT LAYOUT Meridian,Idaho 5'pq—be'1.2021 83 TOTAL BUILDING LOTS 0 4 5 6 7 6 4 L 11 R fB N 10 18 , n i E SIAN�[AW�i �. �$2 ` 7 6s ea e7 e6 E=1 %A\ F77- 00MIAON 1 s0 Lj R-4 ZONE + R 8 ZONE COMMON LOT TOTAL COMMON LOT AREA-IKM 8F FEET n ,v ELSE CONSULTAM"Ca GRAPHEC SCALE 1 in 150 ft 'roll Brothers ..�....� AMEI11<�']LVNVIIY HOME EViLCEM Lmw.x-q[M�wo-wner�a cwa Page 10 Page 157 Item#9. VIII. CITY/AGENCY COMMENTS A. PLANNING DIVISION 1. Comply with all previous conditions of approval associated with the site(RZ-13-008; PP-13- 013 (DA Inst. #114030972). 2. With the final plat application associated with this phase,the Applicant should provide a minimum of 15%qualified common open space and amenities as proposed on the hearing date of May 3,2022 to include a splash bad. 3. The final plat must comply with the dimensional standards for the R-8 zoning district as outlined in UDC Table 11-2A-6. B. PUBLIC WORKS General Comments 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. 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. 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. 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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). 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. 5. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 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. 7. 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. Page 11 - Page 158 Item#9. 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. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 10. 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. 11. 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. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The 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. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 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.meridianci ty.orglpublic_works.aVx?id=272. 19. 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. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancit .00rglWebLinkIDocView.aspx?id=256297&dbid=0&repo=MeridianC Page 12 Page 159 Item#9. D. MERIDIAN POLICE DEPARTMENT(MPD) https://weblink.meridianciN.org/WebLink/DocView.gyp x?id=255100&dbid=0&repo=MeridianC Lty 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 rezone the property with the R-8 zoning district and site design is consistent with the Comprehensive Plan and previous approvals. 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 requested development complies with the regulations outlined in the requested R-8 zoning district and is 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; Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare, especially if all conditions of approval are met. 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. N/A. Property is already annexed into the City and subject to an existing development agreement. Page 13 Page 160 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Summertown Subdivision (H-2022- 0005) by Summertown, LLC, Located at 3104 N. Venable, at the Southeast Corner of N. Venable Ln. and W. Ustick Rd. Page 161 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for Preliminary Plat approval consisting of 23 residential building lots (9 single-family lots and 14 multi-family lots) and 3 common lots on approximately 13.8 acres of land in the TN-R zoning district(Traditional Neighborhood Residential),by Summertown,LLC. Note: The Director approved the Private Street request per the findings in UDC 11-3F-5. Case No(s).H-2022-0005 For the City Council Hearing Date of: May 3,2022 (Findings on May 18,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 3,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 3, 2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 3,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 3,2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Summertown Subdivision—FILE#H-2022-0005) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 3,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Preliminary Plat and Private Street approvals are hereby approved per the conditions of approval in the Staff Report for the hearing date of May 3,2022, 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 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two(2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Summertown Subdivision—FILE#H-2022-0005) -2- determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of May 3, 2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Summertown Subdivision—FILE#H-2022-0005) -3- By action of the City Council at its regular meeting held on the 18th day of May 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 5-18-2022 Attest: Chris Johnson 5-18-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-18-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Summertown Subdivision—FILE#H-2022-0005) -4- Item#10. EXH I BIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING May 3,2022 LegendP� W X0 DATE: L(I E II,Project Location IMM I fflp", TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner tom` 208-884-5533 SUBJECT: H-2022-0005 - Summertown Subdivision ® 9F 77 LOCATION: Site is located at 3104 N.Venable, at the �� ® southeast corner ofN.Venable Lane and g W. Ustick Road, In the NW 1/4 of the NE 1/4 of Section 1,Township 3N, -9 � _. Range 1 W. f I. PROJECT DESCRIPTION Preliminary Plat consisting of 23 residential building lots(9 single-family lots and 14 multi-family lots) and 3 common lots on approximately 13.8 acres of land in the TN-R zoning district(Traditional Neighborhood Residential),by Summertown, LLC. Note: Additional request for Private Streets through the multi-family portion of the project requiring only administrative approval—private street request made for addressing purposes and requested by City departments. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 13.8 acres Future Land Use Designation Mixed-Use Community(6-15 du/ac) Existing Land Use(s) Multi-family Residential under construction Proposed Land Use(s) Multi-family Residential and Detached Single-Family Residential Lots(#and type;bldg./common) 23 residential building lots(9 detached single-family and 14 multi-family)and 3 common lots Neighborhood meeting date December 16,2021 History(previous approvals) H-2017-0142(AZ,DA Inst.#2019-015427);A-2019-0118 (CZC&DES);A-2021-0025 (CZC&DES renewal). Pagel Page 166 Item#10. B. Community Metrics Description Details Pa e Ada County Highway District • Staff report(yes/no) No(Previously reviewed under the CZC and Design Review applications from 2019. • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is via extension of N.Venable Lane,a collector Hwy/Local)(Existing and street that connects to W.Ustick Road at the northwest Proposed) corner of the property. Access to the multi-family portion of the project is via a drive aisle connection to N.Venable and two private street connections to a new local street near the south end of the site,shown as W.Wrangler Street. W.Wrangler street is the access for the proposed nine(9) single-family residential lots along the south boundary. Stub Street/Interconnectivity/Cross Applicant is stubbing N.Ridgebury Avenue to the south Access boundary to connect to the existing Ridgebury Avenue. W.Wrangler Street is proposed to connect to the terminus of N.Venable near the southwest corner of the site. Existing Road Network N.Venable is currently a substandard road section that provides access to homes and apartments to its west and one large county parcel further to the south. N.Ridgebury Avenue is stubbed to the southern property boundary through the Vallin Courts Subdivision. Proposed Road Improvements Applicant is required to construct Venable as a complete street section. Distance to nearest City Park(+ Settlers Park(55.44 acres)—adjacent to the northeast size) corner of the site on the north side of Ustick Road. Fire Service • Distance to Fire Station 1.7 miles from Station#3 • Fire Response Time Falls within the 5-minute response time goal area • Resource Reliability 80%(at the goal of 80%) • Accessibility Project meets all required access,road widths,and turnaround requirements as presented. • Additional Project can be serviced by the Meridian Fire Department Comments/Concerns Police Service • Distance to Station Approximately 3.8 miles from Meridian Police Headquarters • Response Time Approximately 3 minute response time to an emergency. • Call Data Between 1/1/2020- 12/31/2021,the Meridian Police Department responded to 4,545 calls for service within a mile of the proposed development.The crime count on the calls for service was 440. Between 1/l/2020- 12/31/2021,the Meridian Police Department responded to 66 crashes within a mile of the proposed development. • Additional Concerns None Page 2 Page 167 1 1 1 N■■1 p:,........ C_1111111■IIIII '�- tell 11 a� _ _ I .-i:iii •� . • 'r•pllllllli _ _ iii-'■ o e i �■■■■■■rrr�/� • 11J•nun■■u � C 11 a �I nnpl nnn �:: ► ounnn ,!�.' 1 � - 1 _ �•� 'lylll+_II-NII.Illtlp ■� ..■:::...�� I ►IIIII-11 @ ^'j'� fI � �111�IIllf . o■. 5 n =_-_ l..a•'�`F- >, IIIIII I: � In ry i t �.� I IFN .• ..— �, r-�1■ = US 1 lr--.—� � - 11. , \v'�- us �z v LU N r=_N -I- ■ :(III-• 1 .«�;I--I iiiii■I ;.....y-ai =: � -..„ - Fes- •• 11 H d._ r, Fy mu■■•❑ nm_ ■iq noon...-. - ■uAl .III115a1� -NIIIIII IIIIIIIIIIII IIIA r W r. .1 r•. :.nt � +OIIIIII (IIIIIIIIII '_ ��! ',�� kR^ 1 ■:'.C �_ .(noon mnrnm I��t I,, � -, •—• - • B - IIIIr■Fr �.Iltttttn _ ter. 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An■- ■ uv N I p n o.l.nnl 1 nuq =nnln yo. •.1■o •►nln is nn■. •■111 ■ it � •A[ iii ii••��•:it----• ►• � � it��il�r\1.•■[Riii ii�+ �:it nu �I.nnon r :ii i I i � ' ' • • ' III / 1 / • •� i I ■ I• I � / 1 / i •� Item#10. IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 3/22/2022 4/17/2022 Radius notification mailed to properties within 500 feet 3/21/2022 4/18/2022 Public hearing notice sign posted 3/23/2022 4/21/2022 on site Nextdoor posting 3/21/2022 4/18/2022 V. STAFF ANALYSIS A. COMPREHENSIVE PLAN/DEVELOPMENT AGREEMENT The subject 13.7 acres were annexed into the City of Meridian in 2019 with the Summertown annexation (H-2017-0142)with the Traditional Neighborhood Residential(TN-R)zoning district which allows multi-family residential projects as a principally permitted use. Therefore,the Applicant was only required to obtain administrative approvals (Certificate of Zoning Compliance and Design Review)to begin construction on the multi-family portion of the project. However,the Applicant also included a small single-family component to the project along the south boundary in order to comply with TN-R requirements of including two different housing types within the project. Because of the inclusion of the single-family lots and a desire to place each multi-family building on its own lot,the Applicant has an existing Development Agreement provision to subdivide the property prior to release of the first Certificate of Occupancy. Therefore,the Applicant is submitting the subject preliminary plat application to meet the existing conditions of approval and create nine(9) single-family lots along the south boundary. The Applicant received Certificate of Zoning Compliance(CZC) and Administrative Design Review (DES) approval in 2019 and subsequently in 2021 to establish the use of the multi-family residential component of the project and be allowed to submit for building permits. With these administrative approvals,the City and ACHD reviewed the required public street network(Venable and Wrangler). Staff cannot locate the final ACHD staff report from May 2019 but has the draft copy which likely did not change. Within this report and consistent with the staff report and approvals at the time of annexation,the Applicant is required to construct Venable as two different street sections.According to the submitted plat,this does not appear to be shown correctly. Further analysis is below in subsequent sections however,all of the requirements for construction of Venable are already required within the DA(Inst.#2019-015427).Furthermore,the expected development of the subject site is already outlined and conditioned via the previous approvals and existing DA; many of the previous requirements will be reiterated in this report and checked for compliance at the time of final plat submittal. The subject site is part of a larger Mixed-Use Community(MU-C) future land use area. As noted above, this project was analyzed against the Comprehensive Plan at the time of annexation in 2019. At that time, Staff concluded the project was compliant with the Comprehensive Plan. The submitted preliminary plat is consistent with the MU-C designation and the concept plan included in the recorded Development Agreement(Inst. #2019-015427). B. PRELIMINARY PLAT(PP) The proposed preliminary plat consists of 23 residential building lots(9 single-family lots and 14 multi- family lots)and 3 common lots on approximately 13.8 acres of land in the TN-R zoning district. The Page 4 Page 169 Item#10. minimum lot size proposed is 5,100 square feet for the single-family lots and 18,988 square feet for the multi-family lots. Existing Structures/Site Improvements: There are no existing structures on this site but building permits have been issued for construction of the multi-family buildings. Dimensional Standards(UDC 11-2): The proposed subdivision and subsequent development are required to comply with the minimum dimensional standards listed in UDC Table 11-2D-7 for the TN-R zoning district. The TN-R zoning district does not have a minimum lot size nor street frontage requirement. The proposed single-family residential along the south boundary and the bisecting public local street(W. Wrangler)act as a transition and buffer between the existing R-8 single-family residential south of the subject site (Vallin Courts Subdivision). Staff has reviewed the proposed plat and it complies with all zoning standards. Access(UDC 11-3A-3): Access to the project site is via extension of N. Venable Lane,a collector street, from W.Ustick Road to nearly the south boundary.Access to the multi-family portion of the project is via a drive aisle connection to N. Venable in alignment with an existing multi-family drive aisle on the west side of Venable (Crossfield Apartments) and two private street connections to a new local street near the south end of the site, shown as W. Wrangler Street. W.Wrangler street is also the access for the proposed nine (9) single-family residential lots along the south boundary. W. Wrangler is shown to be constructed with 5-foot detached sidewalks and a 33-foot wide street section and stubbed to the east property boundary for future connectivity. This complies with City code and ACHD requirements,as approved with previous applications. Upon analysis of the submitted plat, it appears N. Venable Lane is being shown as a 29 foot collector street section for its entire length,from Ustick south to Wrangler Street connection point at the southwest corner of the project. Previous approvals allow Venable to be constructed with this reduced collector street section for a majority of its length but not in its entirety.According to ACHD, Venable should be constructed as 36 foot wide collector street section from Ustick and 245 feet south to the northern drive aisle connection across from the existing drive aisle connection to Venable for the Crossfield Apartments. It is unclear on the submittedplat if this condition of approval is being shown accurately. The Applicant should revise the plat to meet this condition of approval or provide written documentation that ACHD has approved a reduced street section for this area of the project. In addition to the public streets required with the subject preliminary plat,the Applicant is also requesting private street approval for the internal drive aisles at the request of the Meridian Fire Department and our Addressing Department to allow for more specific addressing within the development. The ability to give buildings addresses from internal streets rather than all buildings having a Venable address makes it easier and safer for emergency services. Private Streets must comply with the applicability and minimum standards in UDC 11-317-2 and 11-3F-4,respectively. Staff ,finds the previously approved project complies with the private street applicability standards as it is not a single-family development and all of the units front on or access green space rather than the street. Further, the drive aisles (private streets)are shown to be 26 feet wide with sidewalks adjacent to a majority of the parking stalls. UDC 11-3F-4 requires private streets to be a minimum of 24 feet wide and sidewalks are not required. Therefore, the Applicant complies with the minimum dimensional standards outlined in the UDC. In addition, the private street must be within a single platted common lot or constructed on a perpetual ingress/egress easement.According to the submitted plat, the private street is not within a common lot and is noted as being within an easement. However, this easement is not clearly depicted on the plat and a plat note has not been included noting its purpose. These items should be corrected with the final plat submittal. If these conditions of approval are met, Stafffinds the Page 5 Page 170 Item#10. proposed Private Streets comply with the required findings outlined in UDC 11-3F-5, as noted in Section IX of this staff report. Pathways(UDC 11-3A-8): The Pathways Master Plan shows a pathway along the east side of the required Venable extension. The Parks Department has not submitted comments on this project but Planning has had multiple discussions with the pathways coordinator and the City does wish to comply with the master pathways plan for this segment in order to have a regional pathway connection from Ustick south to pathway along the Creason Lateral approximately a quarter mile south of the Summertown project boundary. According to the submitted plat and landscape plans, a 5-foot wide detached sidewalk is shown on the east side of Venable instead of a 10-foot multi-use pathway. In addition to the 5-foot detached sidewalk along Venable, the Applicant is showing 4-foot wide sidewalk on the west side of the internal private street that runs north-south within the multi family portion of the project(shown as N. Ridgebury Lane). Ridgebury Lane is shown with sidewalks on both sides of the private street but is not required by code, as noted in the previous section. In addition, the Applicant has some room within the building lot itself to adjust the property line and building setback to Venable because the TN-R zoning district allows a reduced setback when the units are alley-loaded—these multi- family units take vehicular access via Ridgebury Lane, an alley in its functionality, and main pedestrian access along Venable. During pre-application meetings,Staff presented this issue and recommended the Applicant remove the western sidewalk along Ridgebury Lane and make minor building lot adjustments to construct the required multi-use pathway along the east side of Venable.Per the submitted plat, the Applicant did not make these revisions.In order to comply with the Pathways Master Plan,Staff is including conditions of approval consistent with these recommendations. Furthermore, this multi-use pathway segment is shown to continue south through an adjacent County parcel(S1201214713) in the future. In order to allow for this to occur, a logical termination of the multi-use segment on the east side of Venable should occur so that a safe crossing location is attainable. The logical location for this would be at the northeast corner of Venable and Wrangler Street so it can be constructed at the southwest corner of this intersection should the county parcel redevelop in the future. Staff notes, the existing county residence takes access via Venable and will continue to do so until such time the property redevelops.After reviewing the existing conditions of the county parcel and the existing stub streets to its property, Staff anticipates this existing access being removed and becoming an area of open space and the multi-use pathway segment. Therefore, setting up the correct locations of the multi-use pathway stubs with this project to the county parcel is significantly important. Staff recommends the Applicant construct a segment of the City's multi-use pathway within Lot 1, Block 2. Sidewalks(UDC 11-3A-17): Detached sidewalks are proposed along the internal local streets (W. Wrangler and the Ridgebury Lane extension)and along N. Venable,the collector street along the west boundary. There is existing 5-foot wide sidewalk along the west side of Venable that was constructed with other projects. According to the submitted plat and landscape plans,the Applicant is proposing a minimum of 8-foot wide sidewalks along all public streets. In addition,the Applicant is showing 4-foot and 5-foot wide attached sidewalks along the private streets within the multi-family area of the project. All proposed sidewalks meet UDC standards. However,the sidewalk along the east side of N. Venable should be constructed as a 10-foot multi-use pathway, as discussed in the section above. Parkways (UDC 11-3A-17): 8-foot wide parkways with street trees are shown along both sides of the proposed local streets(W. Wrangler and N. Ridgebury). All parkways within the site adjacent to detached sidewalks shall be landscaped per the standards listed in UDC 11-313-7C.According to the submitted landscape plan, there appears to be the correct number of trees but the table does not accurately describe the parkway along W.Wrangler and instead labels it as perimeter landscaping.With the future final plat application, Page 6 Page 171 Item#10. the Applicant should correct this and list this parkway within the landscape table and show the correct number trees. Landscaping(UDC 11-3B): The TN-R zoning district requires a landscape buffer to arterial, collector, and local streets. According to UDC Table 11-2D-6 a 25-foot wide arterial buffer is required along W.Ustick Road(measured from back of curb); a 13-foot buffer along Venable(a collector); and a minimum 8-foot wide parkway adjacent to all local streets(W. Wrangler Street and N. Ridgebury Avenue)with all buffers required to be landscaped per the standards in UDC Table 11-3B-7C. The landscaping has been previously approved through the annexation and administrative approvals, as noted. According to the submitted landscape plans,the required street buffer widths have been met along all public streets adjacent to the site. The purpose of review for this plat is to ensure the landscaping is maintained through appropriate means via the plat. In most cases, the required street buffers for residential developments are contained within common lots but because the project has received previous approvals prior to platting(including building permit approval), the locations of the buildings have already been set and a common lot is not appropriate any longer. Instead, the UDC allows the required street buffers to be placed within landscape easements noted on the preliminary plat. Therefore, Staff is including a condition of approval to depict the required landscape buffer easements on the plat at the time offinal plat submittal. The caveat to this is along W. Wrangler Street and N. Ridgebury Avenue—there is no need to depict a common nor a landscape easement over the 8 foot parkways along these local streets. There is existing landscaping and detached sidewalk along Ustick Road and the Summertown property line does not extend all the way to the back of curb, where the required buffer is to be measured from per the UDC. Thus, the entire 25 foot buffer is not required to be solely on this property but the Applicant should do the following for clarity: 1. Note on the plat that the remaining buffer area is within ACHD right-of-way along Ustick consistent with the UDC, and; 2. Depict and label the full buffer width on the landscape plans. Including these two items will create transparency on both sets of plans moving forward to plat recordation. Further, the Applicant should enter into a license agreement with ACHD to landscape the right-of-way area consistent with City code. All common lot and parking landscaping were reviewed and approved with the CZC and Design Review applications(A-2021-0025). The Applicant is required to comply with all previous approvals so Staff is not including any additional conditions for this matter. Qualified Open Space& Site Amenities(UDC 11-3G): The minimum amount of qualified open space and amenities were analyzed and approved with the previous approvals.According to those approvals,the Applicant is including 3.11 acres of qualified open space(approximately 135,000 square feet)that is to be shared by both the multi-family and single-family residents. This amount of open space exceeds the minimum UDC requirements. Staff notes the existing approvals do not account for the parkways along W. Wrangler and the Ridgebury Avenue stub. So, the amount of qualified open space is in fact higher than previously noted—with the final plat submittal, the applicant should revise the open space calculations and include these parkways. Fencing(UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6 and 11-2D-6 (TN-R standards).According to the submitted landscape plan, all proposed fencing meets UDC requirements. Staff will further verify code compliance at the time of final plat submittal and inspection. Off-Street Parking (UDC 11-3C-6): The number of off-street parking spaces required for the multi-family portion of the project was analyzed and approved with previous approvals. According to these approvals,the Applicant is proposing 384 parking stalls with 198 of these being covered. The proposed parking meets the minimum required by Page 7 Page 172 Item#10. code. Single-family residential is required to provide off-street parking based on the number of bedrooms per home; Staff will verify compliance with the UDC at the time of building permit submittal for each lot. Staff notes that the north side of W. Wrangler Street will allow on-street parking along its entire north side with the exception of the two private street connections due to it being constructed as a 33 foot wide local street. This on-street parking will likely be utilized as overflow parking for the multi family residents. Pressurized Irrigation System (UDC 11-3A-I5): An underground pressurized irrigation(PI) system is required to be provided for the development as set forth as set forth in UDC 11-3A-15. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Building elevations were previously approved with the Design Review in 2019 and subsequently in 2021. Staff will include exhibits of the approved elevations during the public hearing but is not including them within this staff report as they can be accessed through multiple avenues. The Applicant has not submitted any conceptual elevations of the single-family homes but Staff notes that single-family residential homes do not require design review approval. However,the future single-family homes should be designed to complement the multi-family units that are part of this development. VI. DECISION A. Staff: Staff recommends approval of the proposed Preliminary Plat per the provisions included in Section VIII in accord with the Findings in Section IX and has approved the Private Street request per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on April 7,2022. At the public hearing,the Commission moved to recommend approval of the subject Preliminary Plat request. 1. Summary of Commission public hearing_ a. In favor: Kent Brown,Applicant Representative; b. In opposition:None C. Commenting: Kent Brown, Mike Simunich,neighbor. d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: None 2. Key issue(s) public testimony a. Confirmation of how access to existingcounty ounty residence on Parcel S 1201244520 shall be implemented and maintained. 3. Key issue(s)of discussion by Commission: a. Anticipated plan for access to existingcty home south of property that currently uses the unimproved Venable Road(Parcel S 1201244520), b. Discussion on regional pathway location and design required along east side of Venable, c. Design of Venable approved by ACHD versus approved with Annexation, d. Parcel history and existing approvals for the project, 4. Commission change(s)to Staff recommendation: a. Strike conditions A.3 &modify A.11 C based on discussions surrounding construction of Venable and the multi-use pathway segment. 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 8 Page 173 Item#10. C. The Meridian City Council heard these items on May 3, 2022. At the public hearing.the Council moved to approve the subject Preliminary Plat request. 1. Summary of the City Council public hearing: a. In favor: Kent Brown,Applicant Representative b. In opposition:None c. Commenting: Kent Brown d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Verification on the number of buildings and building lots: b. Verification of multi-use pathway comments being included as condition(s) of approval—already included. 4. City Council change(s)to Commission recommendation. a. None Page 9 Page 174 Item#10. VII. EXHIBITS A. Preliminary Plat Legal Description DESCRIPTION FOR SUMMERTOWN SUBDIVISION A parcel of land located In Oo+1@rnment Lot 2 of S@otwon 1, T.3N., R.IW W. 9.M ,A¢e DOuinty, IdihO mine particularly dwicnbed as follows Commer ing at the N114 corner of said Section 1 from which the P4E comer of sa.ic Sacion 1 be2re S"09`4634-8"East 2.W2.21 ftet. thence along Itm Noll bourKWy hne of Said Section f South 89'AZ4V'Eas4. 20-Olt feat. Menem tea+nng said MOM boundary line South 00°19'5(r East,63.94 feet to a point on the South rrghl-of-way 11ne of W L1g#rck Road.sand point also being the REAL P'ID4NT OF BEGINNING. thence along saA South npht-of-way lim for the following Iwo courses and distances Iher"North 64'44'15"East,37.04 feet: thenw South 89'4048'East.W 48 feet thence lewng said South righl-of-way line South 00'23-17"well. 290.03 feet; thence South 89"4646"East. 26.57 feet; thence South Wi!'4T Eeet. 695 07 feet to the NW comer of Lai 21. Block 7 of Velhn Courts Subsdrvislon as filled in Book 93 of Plats.at Pages 11.208 through 11.212, recards of Ada County. Idaho. MentA along the extenor boundary line of sand Vallin C&urts Sub erosion me foliowing 2 Nurses and dislances: theruce South 001749"East. 56.60 feat; thence North 89 4W21'West, 640 00 feel*the NW comer of Lot 1_Block 3 of @aid Vailrn Cpurts SubSdiw$ion', thence along I"Ent r6gMl-of-way im of N.1Hnabls to North 00119r50-Wsai. 926 09 feel tree REAL POINT OF BEGINNIM Cordarn4ng 1317 @iris,more or less. 17 , 4M�I�; Page 10 Page 175 Item#10. B. Preliminary Plat(dated: January 2022) STiIRI1'RTOWN SUBDIVISION w IA z U J IJ 'i � YICMIT I4W r f p y y O O c enaa .• � �M.I o�i'W W i0'a�'av y wx I�iR�'!RV.i[``!'K'UK''`IIlve Kry pM. a1u'��RKinr[1,M.wxd ....�uxxM�101•Il�! j6D - • M r � � . � �� LW��.P4'M�E9 ,p c�xewu cannucrarti oevaar.n (�w+eF7! g57�?Q. ,� Page 11 Page 176 Item#10. 4G X�vaeood3 - ROIe u x p- � 4! Q � � 4 aX>flr .max pao Y msf Mwo - e aspls � BLPPK i I �+ as,lot art e[s I I a _ II 41 PRRI(5TME LN r Ij mei9�o = YRiW� �gr rr 1161py1Peip I'• igpn si A6I H•e111!IE 1:! 1�1p4�e.$Xe I i sem�me w5mpuar I .Xsfnra'i �S I !! � I � asnu art I "�X:t seoex r 4 4 e�iw 9��N MF pomu-n efoe � BWFMeOA .Mix XXE pFRo4 a eXxXe 2-yo In axe v XV4 m p i II w SFANOM sr I ar acx r II --� w WRANGLER LN coo*" wpx saMlo-f m�w nH awc erwti n erer �, — —W WRANGLER ST— eewRcflo ,y 1�1,TI 6lpli o IIII 0 43WWfF L01 InelYSx0fe6 I � e o ® a o 0 0 0 o a mrL n mm BLPCH s y .foa o 00.uc Reoe4.DI . - WFR X. 0E M pp�[.pr.6�w � XwW+w*io irtnowl.o nu ffwftgw I :aa a RUGm1Mx AS wuwMax HNO or ew uc l IEeAw.e 6fpe � `, �j I # 610x5ECW1O[k � Y7 I#p 22SS muml`l �P V 16n1p4 6 B1p16 R I11 P1i061P ��.ryy(Y 1�91►{Cl e9116 or�.n wri Page 12 Page 177 Item#10. C. Landscape Plan(date: 12/27/2021) SUMMERTOWN SUBDIVISION I A PARCEL DF LAND;745 W.VSTICK RD W.USTIICK ROAD LOCATED IN -----uu--uuu--uuu--uu------, SECTION IACOU,R IDYL, M<rRIpIAN,ApACOUNTV IpAHO DECEMBER2017 I I 1 ❑ —�- _- .�-PPME III 1 I r Tp'.v►rlolrEsl Y——� 1 1 1 - I -PHASE I PHASE II t „ I 0 STMY (Srr3LE 9TpRY I UJ - x � APAATwkisl CLUB HOUSE) I g ._ hQ HfE 1 uuLd _ 1 � E CUF IRA; �.J VICINITY MAP Q O. 1 BVI M: 1 Z. I� 1 1 � �U 9114E CORRAL sp4a,a In Iw+nin i++�wrler ,wnRravr u�F nlle� 1 M PHASE III 1 1 PHASE I rowrrnrxesl I � - .F ' I pNAR�►+FkrS] CITY REQUIFIEMENTS 1 BIN ppRFAL .cecw•-..eve.w wawa, 1 HIKE . Aima +N.rrrt v.Raa•rt+r•.l.pRc+►w - 1 1r1eE.��.,.a'.Lnw6�eaneo 1 � - -- 1 iF+Festrna�errs I --- lra,�e,..enrr�7r n wn P 0-I" 19r1r,'1M A.a AIR"-I- 1 I- FUTURE .I. _ -�._I 41I.Ipr d hlaM1r.p ryP�xMrK+ PHASE aver+r�rR.F.a•-a�reiR Feenen I �- -- 1 srwn r•sre� SSINGLE FAMILY) C,inrwti* r+p�gr I SJtl'Are P NrrWk NT.yyrR rr�[.l��p. 'wrI M1aP1rP •nYOwi,p�alflGnl'�Rrr v tiler rKro.alC+'�P.wLLr MASTER SITE PLAN r•ereARa r.wrR•it. it lwdid44 ,MG SITE DEVELOPMENT FEATURES ..-. ... - a..ro�wre rurb•ar.+ae, las..c,ee .R.e.'•.1 .Ala�cw�orq ,�jGAIG1.YYllru orb.�1O� lt1 R •k r,ran�•h�'• -e Mt w-,rWr. IM 1G�■ 9=SHEET Ll.l-L1.2 FOR DETAILED ac�c i %; _:cwneo�w ccw�..� •Rww.w r.lwn n rweisue r..cn..�wna v.s: LANDSCAPE PLAN. SEFs SHEET L2.1 & L2.9 «wars.wa�w+� "�fMF}W/SlS1�1�iKPMHW'1!r► FOR LANDSCAPE PLANTING SCHEDULE, l•+ak+.eTMr►n'^+nrlK`�aa+'+'�we+"u'I"'w NOTES AND DETAILS. SEE SHEET L2.2 "ru.rr..npa+ou*rar�w .eee� aK ar. rN eln R'7RTral ry��:srw�nr r•r.,Ye+nl lle - FOR SPECIFIC AREA ENLARGEMENT'S. nnwrrwreweae ssrtw •.n,e r'wi see var +y.x*rel. vnr.w.-r.wa+ue .uat Iursr,wlxs �nlac err vn�y sesr Irxrra Page 13 Page 178 Item#10. M.. r'ne�e,vsw�3:w SHEET L2.2 � -�,�• w ,. — r 'Mwai �]l��E�i rRPTT�' • w�J - � }•��r' I -- +� _ _ � LLl'T*� Tart ' L2,2 _ I � tea_-Ts-. 'j -I__ � .r.w.,, ��"��•rm�:� I � �- l w•.r.nerw�'• I. «, r L »� i k¢y .I-' �—.d'e� l ' L-.hi��`•`w♦ �_8i�. � �'7h�s 7 c �I�1 7 ��1 /\ LANDSCAPE PLAN y 7 F LEGEND: ...�I. ,Y�' 1 L.MW k�-Pw/�u•i�i�ii M[y� n� PItiIFVf a8 I•ix .�b 0"ALT 4daP W-A SEE SHEET L2.1 FOR PLANT SCHEDULE, ftMMMWr'wrwuo WWI I�e+- r k r^+ NOTES AND CONSTRUCTION DETAILS F*+•rnru � — sialxws Page 14 Page 179 Item#10. 3A Iry 4- • lAl I• _ - f, ¢k _ r I � f 1 r L - -- — — L„ �1a. ED •1 L I lh'i Y144�t,iti11,I,'L z LLI f z 8LQC1[7 wow '4 Page 15 Page 180 Item#10. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Preliminary Plat(PP): 1. The Applicant shall adhere to all previous conditions of approval associated with this site: H-2017- 0142 (AZ,DA Inst. #2019-015427); A-2019-0118 (CZC &DES); A-2021-0025 (CZC &DES renewal). 2. The applicant shall comply the minimum dimensional standards listed in UDC Table 11-2D-6 for the Traditional Neighborhood Residential(TN-R)zoning district and those listed in the specific use standards for multi-family development,UDC 11-4-3-27. 3. The Applieant shall comply with all ACHD eonditions of appr-w.,al depiet N.Venable Lane as 36 foot wide eolleetor-st-Feet seetion fFom Ustiek and 245 feet south to the fioAhefa dr-i�ve aisle conneetion or show proof that AC=14P has appr-oved a redueed street seetion for this area of the p4lie street. 4. Future development shall comply with UDC 11-3A-7 and UDC 11-2D-6 for any future fencing constructed within the development. 5. Future development shall comply with the Private Street standards,UDC 11-3F-4. 6. If not already submitted to the Planning Division,the Applicant shall record a maintenance agreement for the multi-family development that states the maintenance and the ownership responsibilities for the management of the development, including,but not limited to, structures, parking, common areas, and other development features, in accord with UDC 11-4-3-27 and submit said document to the Planning Division prior to the release of the first Certificate of Occupancy. 7. With the final plat submittal,the applicant shall submit a revised open space exhibit that includes the parkways as part of the open space calculations. 8. 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 11-613-7. 9. 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. 10. Off-street parking is required to be provided in accord with the standards listed in UDC Table I I- 3C-6 for multi-family dwellings based on the number of bedrooms per unit. 11. The submitted preliminary plat, dated January 2022, shall be revised as follows prior to Final Plat submittal: a. Depict the required landscape buffers along Ustick and Venable via a landscape easement— ensure minimum width of 25 feet along Ustick is noted despite not being on property(measured from back of curb). b. Add a plat note referencing the required license agreement with ACHD for the portion of the landscape buffer in the public right-of-way,per UDC 11-3B-7C.5.b. c. Construct a 10-foot wide multi-use pathway on the east side of N. Venable Lane. and within Tot 1,Bleek 2 eeasistepA with the Pathways Master-Plan-. d. Remove the sidewalk on the west side of N. Ridgebury Lane (east side of Lots 8, 9, & 14,Block 1)to move the units east to accommodate the multi-use pathway on the east side of N. Venable. Page 16 Page 181 Item#10. e. Depict the private streets within a singular common lot or clearly depict the private street easement on the plat,in accord with UDC 11-317 4A. f. Add a plat note stating"No direct lot access is permitted to W.Ustick Road or N.Venable Lane." 12. The submitted landscape plan, dated December 27, 2021, shall be revised prior to final plat submittal: a. Revise the landscape plans consistent with the preliminary plat revisions noted above in condition VIII.A.8. b. Add data to the landscape plans showing compliance with UDC 11-313-7C for the proposed parkways. c. Clearly depict the required street buffers along W.Ustick Road and N.Venable Lane. B. PUBLIC WORKS Site Specific Conditions of Approval 1. A streetlight plan will need to be included in the final plat application. Standard Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. 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. 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 F 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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). 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. 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. Page 17 Page 182 Item#10. 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. 7. 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. 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. 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. 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. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C- 3B. 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. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The 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. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. 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.meridiancioy.or1ublic_works.aspx?id=272. Page 18 Page 183 Item#10. 21. 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. 22. 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 https://weblink.meridiancity.org/WebLink/DocView.aspx?id=252899&dbid=0&repo=MeridianCiU D. POLICE DEPARTMENT https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=252855&dbid=0&repo=MeridianCity E. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=255744&dbid=0&repo=MeridianCity&cr =1 F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.orgJ ebLink/DocView.aspx?id=254219&dbid=0&repo=MeridianCity G. ADA COUNTY HIGHWAY DISTRICT(ACHD) No comments sent for this application—ACHD approved the subject project with previous applications. IX. FINDINGS A. Preliminary Plat Findings In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Councilfinds that the proposedplat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan and previous approvals. 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. Page 19 Page 184 Item#10. 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 V and VIII 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 approved the proposed road layout and connections to adjacent parcels. 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. B. Private Street Required Findings In order to approve the application,the director shall find the following: 1. The design of the private street meets the requirements of this article; Director finds that the submitted site plan shows compliance with all dimensional and development regulations in the TN-R zoning district in which it resides except for those noted and required to be revised. 2. Granting approval of the private street would not cause damage,hazard, or nuisance, or other detriment to persons,property,or uses in the vicinity; and Director finds the proposed use of multi family residential, in conjunction with the other residential housing types proposed, is in accord with the comprehensive plan designation of Medium-High Density Residential within the Ten Mile Plan and the requirements of this title. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Director finds the design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, if all conditions of approval are met. 4. The proposed residential development(if applicable)is a mew or gated development. Director finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property in the vicinity. Page 20 Page 185 Item#11. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement (Copper Canary H-2022-0009) Between the City of Meridian and East River Valley Street, LLC for Property Located at 2590 N. Eagle Rd. Page 186 ADA COUNTY RECORDER Phil McGrane 2022-048293 BOISE IDAHO Pgs=27 ANGIE STEELE 05/19/2022 09:42 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. East River Valley Street,LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 18th day of May , 2022, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called"CITY", whose address is 33 E. Broadway Avenue,Meridian, Idaho 83642 and East River Valley Street,LLC, an Idaho limited liability company, whose address is 2832 State Street, Carlsbad, CA 92008, hereinafter called "OWNER/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, commonly known as 2590 N.Eagle Road,Meridian,Idaho,83646,and described in Exhibit"A," which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS,Idaho Code § 67-6511 A provides that cities may,by ordinance, establish provisions governing the creation, form,recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 1.1-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer has submitted an application for development agreement modification to remove the property listed in Exhibit"A" from an existing Development Agreement recorded in Ada County as Instrument#104129529, and for the inclusion of the Property into this new Agreement, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 1 of 12 1.6 WHEREAS, the record of the proceedings for requested development agreement modification held before 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 26ffi day of April, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreements (Instrument #104129529) and shall be bound by the terms contained herein in this new agreement. 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification 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 from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure the existing C-G (General Retail and Service Commercial) zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 17, 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. 3.2 OWNER/DEVELOPER: means and refers to East River Valley Street, DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 2 of 12 LLC, whose address is 2832 State Street, Carlsbad, CA 92008, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada,City of Meridian as described in Exhibit"A"describing a parcel to be removed from existing Development Agreement recorded in Ada County as Instrument# 104129529,with such parcel being bound by this new Agreement, which Exhibit"A" is 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 as permitted, conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of the Property shall no longer be subject to the terms of the Development Agreement recorded as Instrument No. 104129529. b. Development of the Property shall be generally consistent with the conceptual development plan depicted on Exhibit"C", attached hereto, and the provisions contained herein. c. Owner/Developer shall make application for administrative Design Review. Future development shall comply with the structure and site design standards listed in the Architectural Standards Manual. Strict design review of all four sides of the remodeled existing building is required. d. The existing direct access to the Property via N. Eagle Rd./SH-55 shall continue until vehicular access to the north across the South Slough and to N. Eagle Rd./SH-55 or to the south to E. River Valley St. is provided. At such time, the temporary access to Eagle Rd./SH-55 shall be removed and the street buffer landscaping adjacent to Eagle Road shall be completed consistent with the UDC standards. e. The drive aisle on the east side of the Property shall terminate at the south boundary of the Property as an emergency vehicle access. Access will be restricted by a gate that will allow for emergency vehicle access. The Owner/Developer shall coordinate the design of the gate with the Meridian DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 3 of 12 Fire Department. However, if the adjacent property to the south develops with a commercial use, emergency access shall terminate and a through access shall be provided. Cross-access easements shall be granted to the properties to the north and to the south and recorded copies of the easements shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. f. A Certificate of Zoning Compliance and administrative Design Review applications shall be submitted to and approved by the Planning Division prior to submittal of a building permit application(s). 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty(180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designation described herein, and upon City's compliance with all applicable laws,ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer 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/Developer,or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 4 of 12 beyond the reasonable control of the party responsible for such performance, which shall include,without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner/Developer. 10. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner/Developer agrees to provide, if required by the City. 11. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 13. 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 OWNER/DEVELOPER: East River Valley Street,LLC 2832 State Street DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 5 of 12 Carlsbad, CA 92008 13.1 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. 14. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 15. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 16. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/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 Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,has determined that Owner/Developer has fully performed its obligations under this Agreement. 17. 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. 18. 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. 19. 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. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied,between Owner/Developer and City, other than as are statedherein. 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 DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 6 of 12 adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing the 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 thetime of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the Findings and execution of the Agreement by the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A, B and C follow] DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 7 of 12 IN WITNESS WHEREOF, the parties have herein executed this Development Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: East River Valley Street,LLC, an Idaho limited liability company By: Perry Coles)Member CITY OF MERIDIAN ATTEST: By: By: Mayor Robert E. Siniison 5-18-2022 Chris Johnson,City Clerk 5-18-2022 STATE OF IDAHO ) ss: County of Ada ] On this day of _ 2022, before me, the undersigned,a Notary Public in and for said State,personally appeared ! --- known or identified to me to be the of East River Valley Street,LLC 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. Notary Public for Residing at: My Commission Expires: DEVELOPMENT AGREEMENT-COPPER CANARY H-2022-0009 Page 8 of 12 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of S/4-fy l, On ,SAY // 26 ?- 2 before me, Date Here Insert Name and Title of the Officer personally appeared / � `/ c & Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PEf2�•lrnder the ELENA NAVEDO ALVAREZ laws of the State of California th the foregoing Notary Public•California paragraph is true and A— L f San Diego county Commission t 23l1ii0 WITNESS my hand an y � "9 Comm.Expires Jan 5,2026 Signature Place Notary Seal and/or Stamp Above Signa of tary Public OPTIONAL Completing this information can cleter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: bZG�/�i�2��7f ✓EE✓�? c7t7 Document Date: MAY -2 d 21 Z Number of Pages., Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: F Signer's e: ❑CorporaLe Officer 4 I le(s): U Corp c le 01ficer- Ti50Atto ❑ Partner- D Li d General C] P ner - t] Limite neral ❑ Individual a Akla' In PpC4 11diVFCluei y in Fac❑ Trustee O rdiari r Conserwa#o� Trustee rdian or C serwitor ❑ Other.' _ ❑ Other; Signer is Representing: Signer is Representing. ;.2019 National Notary Association M1304-09(11/20) STATE OF IDAHO ) : ss County of Ada ) On this 18th day of May ,2022,before me,a Notary Public,personally appeared Brad Hoaglun and Chris Johnson, known or identified to me to be the Council President 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. Cha J1�oz)LIQ G4 C H A R L E N E WAY Notary Public for Idaho COMMISSION No. 67390 Residing at: Meridian, 14oi NOTARY PUBLIC Commission expires:_3-28-2028 STATE OF IDAHO DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 9 of 12 Item#11. EXHIBIT "A" Legal Description of the Property A portion of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 Fast, Boise Meridian,more particularly described as follows; Commencing at the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range t East, Boise Meridian,Ada County,ldaho;thence South along the West line of said Section 4,a distance of 433.62 feet to the Real Paint of Beginning;thence South 53'40' East 231.00 feet to a point;thence North 83'50' East 114.57 feet to a paint;thence South 218.05 feet to a point;thence West 300.00 feet to a point on the West line of said Section 4;thence North 342.64 feet to the Paint of Beginning. Excepting a 25 foot strip on th a West side for highway right-of-way. Also Excepting a parcel of land being on the Easterly side of the centerline of State Highway No. 55(Eagle Road), Project No. NH-F-3271(037)Highway Survey,as shown on the plans thereof now on file in the office of: the Idaho Transportation Department,and beinga portion of the Southwest quarter of the Northwest quarter of Section 4,Township 3 North, Range 1 East, Boise Meridian, described as follows to-wit; Commencing at the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range I East, Boise Meridian that bears North 89-23'47" West 0.34 feet from Station t 55+31.73 of said State Highway No.55 (Eagle Road), Project NH-F-3271(037)Highway Survey;thence South 0,3613" West(shown of record to be South)along the West line of said Southwest quarter of the Northwest quarter a distance of 765.43 feet (shown of record to be 77626 feet)to the Southwest corner of the tract of land as described in that certain Warranty Deed dated January 24,1 975, recorded January 24, 1975,as Instrument No. 912958. records of Ada County,Idaho,said corner beinga point in the centerline of said State Highway No. 55,that is coincident with Station 147+66.31 of said Highway Survey and being the Real Place of Beginning;thence South 89'23'47" East(shown of record to be East)along the South line of said tract of land 70.0 feet to a point in a line parallel with and 70.0 feet Easterly from the centerline and bears South 89'23'47" East from Station t 47+66.31 of said Highway Survey,thence North 0'36'1 3" East along said parallel line a distance of 291.05 feet to a point in the Northerly line of said tract of land and being opposite Station 150+57.35 of said Highway Survey;thence North 53'03'47" West (shown of record to be North 53'40'West)along said Northerly line 86.89 feet to the Northwest corner of said tract of land,said corner being a point in the West line of said Southwest quarterof; the Northwest quarter,said West line being coincident with the centerline of said State Highway No. 55,and said point being coincident with Station 151+08.84 of said Highway Survey;thence South W3613" West along said West line being coincident with said centerline 342.53 feet to the Real Place of Be inni ....... ............................................................................................................................................................... DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 10 of 12 Page 197 EXHIBIT"A" Item#11. COPPER CANARY LEGAL DESCRIPTION EXHIBIT Scale I"=50' PORTION OF THE SW 1/4 OF THE NW 1/4 OF SECTION 0 25' 50, 4,T.3N.,R1.E.,BOISE MERIDIAN,CITY OF MERIDIAN, ADA COUNTY,IDAHO. BEARINGS AND DISTANCES MAY VARY FROM PREVIOUS PLATS DUE TO DIFFERENT METHODS OF MEASUREMENTS - FEBRUARY 2022 SCALE:1"=35' SHEET 1 OF 1 S`'? Oy, 0°F 7g A 06 N84-26'08"E 114.63' Q W rJ N V u� CD I.N.2021-155773 Eo c7 p CD O N U) Co O O C" O O U) N89°23'52"W-230.01' 0�p LAND EL 0 18350 0 ACKERMAN D �/0 G lr� ESTVOLD 7661 West Riverside Drive,Ste.102 - Garden City,ID 83714 208.853.6470 • www.ackerman-estvold. Page 198 EXHIBIT "B" Item#11. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement(Inst. #104129529)to Remove the Subject Property from the Agreement and Prepare a New Development Agreement with an Updated Conceptual Development Plan; and Removal of the Requirement for Conditional Use Approval of any Future Uses on the Site; Requirement for Access to be Taken from the North via the Future Backage Road with Emergency Only Access from the South,by ALC Architecture. Case No(s).H-2022-0009 For the City Council Hearing Dates of: March 22 and April 12,2022 (Findings on April 26,2022) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 12,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 12,2022,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 12,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 12,2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR COPPER CANARY MDA H-2022-0009 - I - Page 199 Item#11. 7. That this approval is subject to the provisions in the attached Staff Report for the hearing date of April 12, 2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the existing Development Agreement is hereby approved with changes made by the Commission as noted in the Staff Report for the hearing date of April 12, 2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(l)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of April 12, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR COPPER CANARY MDA H-2022-0009 -2- Page 200 Item#11. By action of the City Council at its regular meeting held on the 26th day of April 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) ayo Robert . Si ison 4-26-2022 Attest: WIL x SY A a,a SF�!� Chris Jo son 4-2 6---= City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Cha&YcW" Dated: 4-26-2022 City Clerk's Office 0 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR COPPER CANARY MDA H-2022-0009 -3- Page 201 Item#11. EXHIBIT "B" STAFF REPORT ci E IDIAN)--- COMMUNITY DEVELOPMENT DEPARTMENT B O HEARING April 12, 2022 DATE: Legend _ Continuedfrom:March 22, 2022 Project Location 0 TO: Mayor&City Council E R-$ MODELO FROAM: Sonya Allen,Associate Planner C-C' LN 208-884-5533 R=2 R-15 W RUT U_ - R-2 a SUBJECT: H-2022-0009 w Copper Canary �2 1 RI Z a LOCATION: 2590 N. Eagle Rd., in the NW 1/4 of R1 C-C' Section 4,T.3N.,R.1 E. R-2 R-4 -� R-40 a R-4 W -RUT RUT-I E RIVER VALLEY ST z N -R-4 l C-G o a I LU - z I. PROJECT DESCRIPTION Modification to the existing development agreement (Inst. #104129529)to remove the subject property from the agreement and prepare a new development agreement with an updated conceptual development plan; removal of the requirement for conditional use approval of any future uses on the site; requirement for access to be taken from the north via the future backage road with emergency only access from the south. II. SUMMARY OF REPORT A. Applicant: Jeff Likes, ALC Architecture— 1119 E. State St., Ste. 120, Eagle, ID 83616 B. Owner: East River Valley Street, LLC 2832 State St., Carlsbad, CA 92008 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Notification published in newspaper 3/6/2022 Page 1 Page 202 Item#11. EXHIBIT "B" Notification mailed to property owners within 300 feet 3/7/2022 Applicant posted public hearing notice on site 3/30/2022 Nextdoor posting 3/8/2022 IV. STAFF ANALYSIS The existing Development Agreement(DA) ) (Inst. #104129529—Red Feather AZ-03-021) originally encompassed a larger 114.52-acre area that includes Redfeather Estates, a residential development to the east and adjacent commercial properties. The DA requires any future uses of the property to only be approved through the Conditional Use Permit(CUP)process and requires either a public or private backage street generally parallel with Eagle Rd./SH-55 to be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses,access points and other key land planning issues is required prior to any detailed CUP applications being submitted.See Section VI.A for more information. A variance(VAR-08-004)was approved in 2008 for a temporary access via N. Eagle Rd./SH-55 until such time as access can be provided to the site from either the south via a frontage road from the extension of E. River Valley St. or from the north across the South Slough. At such time, the temporary access to Eagle Rd. is required to be removed and the street buffer landscaping adjacent to Eagle Road is required to be completed. Currently, there is no access to the site from either the north or the south. The Applicant requests a modification to the existing DA to remove the subject property from the agreement and prepare a new DA with an updated conceptual development plan; removal of the requirement for conditional use approval of any future uses on the site; and requirement for access to be taken from the north via the future backage road with emergency only access from the south. A conceptual development plan was submitted as shown in Section VI.0 that depicts a reconfigured parking area,extension of the street buffer and pedestrian pathway across the existing driveway from N. Eagle Rd./SH-55,a drive aisle along the east boundary of the site connecting to the north for future access via Eagle Rd./SH-55 and to the south for emergency access only. Note:A driveway from Eagle Rd./SH-55 is depicted on the concept plan partially on this site and partially on the property to the north that has not been approved; an approved access via Eagle/SH-55 exists approximately 500'to the north of the subject property. The UDC(11-3H-4B.2) does not allow new approaches directly accessing a state highway. The City Council may consider and approve a modijt'cation to this standard upon specific recommendation of the Idaho Transportation Department per UDC 11-3H-3. Staff anticipates a request for this access will be part of a future development application on the adjacent property to the north. The Applicant proposes new DA provisions,which are included in Section VI.D below. Staff is amenable to the request to remove the requirement for a conceptual master plan to be submitted for the overall area as much of this area has already been developed and/or has entitlements. Staff is also supportive of the removal of the requirement for any future uses to be approved through the CUP process as the UDC(Table 11-2B-2) governs the allowed uses in the C-G zoning district and a CUP is not required for all uses. Staff is not in favor of removal of the requirement for a public or private backage street generally parallel with Eagle Rd./SH-55 to be provided as UDC 11-3H- 4B.3 requires such to provide future connectivity and access to all properties fronting the state highway that lie between the Applicant's property and the nearest section line road and/or half mile collector road.Although a drive aisle/backage road is depicted on the conceptual site plan, Page 2 Page 203 Item#11. EXHIBIT "B" it's proposed to dead-end at the southern boundary with an emergency only access to the south. Because access is limited in this area, Staff believes it's important for this backage road to provide through unrestricted public access to the north and the south.The Fire Dept. does not support the backage road being blocked for emergency access only and states the road needs to run through unobstructed for fast access to businesses in this area. Based on the aforementioned recommendation, Staff recommends the conceptual site plan is revised to depict a backage road along the east boundary of the site with unrestricted access to the south.DA provision #5.1d should be revised to include vehicular access to the south.DA provision#5.1e should be replaced with a requirement for cross-access easements to be granted to the properties to the south and to the north; a recorded copy of the easements should be submitted to the Planning Division with the Certificate of Zoning Compliance application. V. DECISION A. Staff: Staff recommends approval of the modification to the DA with the changes noted in Section V.D as discussed above in Section IV. B. The Meridian City Council heard this item on March 22 and April 12,2022. At the public hearing on April 12,2022,the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: JoAnn Butler, Butler Spink, LLP:Jeff Likes,ALC Architecture: Brian Carlisle, Bach Homes: and Jeff Bower, Givens Pursley,representing GFI-Meridian Investments, LLC. b. In opposition: None C. Commenting: None d. Written testimony: Jeff Bower,Givens Pursley, representing GFI-Meridian Investments, LLC Staff presenting application: Bill Parsons f. Other Staff commenting on application: Kris Blume,Fire Chief 2. Key issue(s)of public testimony: a. The property owner to the south,Bach Homes,supports the emergency only access to. the south as they plan to develop the property with a multi-family residential use which will connect to the existing Regency at River Valley apartment development to the eases b. The property owner to the north, GFI-Meridian Investments. LLC, is generally supportive of the proposed DA modifications reguested by the Applicant and does not object to the proposed emergency only access to the south. c. In response to a guestion from the Council.the Fire Chief clarified that it may have beeq. the Fire Marshall that had communicated with Staff and responded to the Council: "As long as an emergency access is preserved and not blocked,that's all we care about. Certainly,the applicant's concern about protecting the community as well as the people trafficking the area,we certainly agree with that we just want to make sure the Fire Department has adeguate access,and Code-compliant emergency access only would meet the needs of the Fire Department without any blockages." 3.. Key issue(s)of discussion by City Council: a. The backage road along Eagle Rd. and whether or not access should be restricted to emergency only at the southern boundary of the site,. 4. City Council changes) to Staffs recommendation: a. Council approved the Applicant's request for emergency only access to be provided at the southern boundary of the property provided the adjacent property to the south Page 3 Page 204 Item#11. EXHIBIT "B" develops with residential uses h�ever. if the adjageapropyAa�h ps with commercial uses a through access shall be ed and sh 11 nit he-�to emergency access only modifv DA provision #5.le accordingly). Vt. EXHIBITS A. Existing Development Agreement Provisions (Inst. #1041295291 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Ag>rmnent are only those uses allowed under"City's"Zoning Ordinance codified at Meridian City Code Section 11-7.2(K}which are herein specified as follows: Any future uses of the property shall be approved only through the conditional use permit process. Additionally, either a public or private backage street generaUy parallel with Eagle Road/SH SS shall be incorporated into the design of the future site plans. A conceptual master plan demonsira:ing interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties for the C-G zon& 4.2 No change in the uses specified in this Agreement shall be allowed without modiScation of this Agreement. Page 4 Page 205 Item#11. EXHIBIT "B" 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Owns"shall develop the "Property"in accordance with the following special conditions: 1. R.emoval of any existing domestic wells and/or septic systems within this project from their domesdc service must be accomplished at such time as the"Owners"change the cuneat use of`Property"or otherwise develop the"Property"in-cconlance with the terms hereof. 2. Any future uses of the property sha11 be approved only through the conditional use permit process.In addition,there is a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 shall be inocrporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity,transitional uses,acccss points and other key land planning issues is required prior to any detailed CUP applications being submitted on tither the Bryson or Schrammeok properties. The following Comprehensive Plan policies (from CN&pter VI and VU) shall be applicable to these properties: Transportailis)n Policies ApAicable to the_Bryson/Schrammeck Annexation: • "Large development proposal,that arc likely to generate significant traffic should be assessed for their impact on the tranmportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as uwmit, walling,and cycling. • New development should not rely on cul-de-sacs since they proti ide poor fire access, walkability,and neighborhood social life. New development and streets should be designed to encourage walldng and bicycling • In addition to providing for enhanced automobile traffic,Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems i.4 an important first step. Public tnwnsit includes bus systems and rideeharing. By fostering such means of high vehicle occupancies,congestion on roadways can be decreased. Page 5 Page 206 Item#11. EXHIBIT "B" • Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-sure and multiple-use pathway systems are depicted in Figures V1-3 and VI4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. • We Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location ofpnvaie driveway access connections to this important roadway. The City should recognize,adopt,and help implement the Pagle Road Access Control Study, pieparcd by ACHD in 1997." Mixed se Development Policies Applicable to the B ,.on/ chremrneck Annexat7Qn: — • "Where feasible,multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; • In developments where multiple commercial and/or office buildings are proposed (not residential),the buildings should be arranged to create s)otne form of common,usable area,such as a plaza or green space; • Wh%e the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, cro:�ing or lying adjacent and contiguous to the parcel")be tiled per City Ordinance 124- 13. Plans will need to be approved by the appropriate irrigation/drainage district,or lateral users association,with written confirmation of said approval submitted to the Public Works Department. Page 6 Page 207 Item#11. EXHIBIT "B" B. Legal Description&Exhibit Map for Property Subject to New Development Agreement EXHIBIT-A" Legal Urscription of the Property A potion of the Southwest quainter of the North*"quartered Section 4.Tomship 3 North, Range 1 East, Base klendian,more particularly deseribe>d as fa6ows: Commencing at the Horthwpst corner of 1he Southwest gwrter d the Northwest quarter of Section 4,. Township 3 North,Range 1 East,Boise Meridian,Ada County,ldarlo;thence South along the West line of raid Section 4, a distance d 433,62 feet bo the Real Point of Beginning,thenoa Sou th SY 40 Fast-774,00 fit to a point; thence North 83 50'East 114.47 feet to a point;thence Swth 218.05 feet to a point;thence Wesl 3M.00leel fro a pL�ird on the Wesl One of said Section 4,thence North 342.64 feet to Vie Poillrrt d LI3'r�ginning- Excepting a 2.5 bat strip on the Wiest side for highway right-d-way. Also kcepling a cart l of land bang on the Easlerly sided th*centerfrne of Sate Highway No 55(En e Roady Pro(ed No, NH-F-3271(W 7)Highway Surrey,aft shown on the plans thereof own an isle in the office of The Idaho Transportation Oeparttnerrt.and being a portion d IN Southwes quarter of the "thwe6t quarter of Secll aw 4. Township 3 North. Fiance 1 East,Boise Meri3an.described as Iollows to-wit I;;mmencing at the A-k-vl!h wwstcorner of the Southwest quarter of the Northwest quarter of Section 4. Township 3 North•, Flange 1 East,B�sle Mendian Ihalt bears Noah 89`23'47' West 0.34 tee+t from Stallion 133+N.7:Yal said State 16glWray No.55(Eagle Hoed). Protect NH-F-3271(037114ighway Survey; Ihence South 0-361r West(shown cif record to be South)along the Wes line of said S&Ahw est quarter of the Northwest quarter a dislance o(I 766AL3 feet Is how n of record to be 776 26 feet( No Ow Southwest comer of the tract of land as described in the."certain lyatranty Deed dated January 24.1975. recorded January 24, 1975.as Instrument No, 9129%records of► da County,Idaho,said corner being a point in the cenleriine of Said State Highway No- 55,that is coincident with Station 147+66,31 of said Highway Survey and being the Meal Piece of Begin ning: thence South 69'23-47' East(shcwn d record to be East)along the South tin a of said tact of land MO feet to a ,point in a line parallel with and 701,O feet T_asterty from the centerline and beam South 89-ZY47" East Imm Station 147+6U1 of said Highway Survey; thence North 0`36'13' East along saki] parallel lire a distance of 291.05 feel to a point in kite Northerly fine of said' tract of laird and being op mltr Station 150+57,35 of lord Highway Surrey:thence North 53-03'47" West (shown of record to be North 53040-West)along said Norti'�,1y line 86.89 feet to the Nord wrest corner oil said tract of land,said ovmer being a paint i n the West hire of said Southwest quarter of the Nortfw e-O quadelr,said'frf€,st line being coiincident oish the cenwAne of said Stale,Highway w%56,and said point be r=0rg co 4 wrlth Station 151+0&84 of said Highway Survey:thence SmAh 0`36'13' West along said West line being cancident with said centsriste 342.S3 feet to the,Real Face of Beginning. 1.11;1 1 f 6., C Ipl C Page 7 Page 208 Item#11. EXHIBIT "B" COPPER CANARY LEGAL DESCRIPTION EXHIBIT PCRTKIN OF THE SW 1 M OF THE MN W OF SECTION 4,T.W.R.1 JE„IMSE MMM,CRY OF MERDW* A[WOOLA4TY.IDAHO, E+ 1 1 T>' E. wr, F E-1 Ea E E E i~ E T FFE E T ETH F� FfMUARY 2W $GALE!1'■3g $FEET T OP i Nbd'28 08'E-1t4.B3' I.N.2021 1557T3 m Q NOW 23'S2'W-230.01' 18,350 k ACKERMAN r �ESTVO'LD F6 i Vast ANerv]s OrIms,Ste.q(02 1 ONN al.),10 81714 212.163.6471-wymaskermen-saivold.OM MIno1,40 I Fira,IO- NSllklm,40 1 BMW,16 Page 8 Page 209 Item#11. EXHIBIT "B" C. Proposed Conceptual Development Plan { ts �o a RELOCATED EMERGENCY TRASH EGRE"ONLY NC CONCEPTUAL SITE PLAN COPPER CANARY SITE WORK � wM: inr=r-a Page 9 Page 210 Item#11. EXHIBIT "B" D. Proposed Development Agreement Provisions Staffs recommended changes to the proposed provisions are shown in strike-out/underline format. 1. 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. 1.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 1.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 2. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of the Property shall no longer be subject to the terms of the Development Agreement recorded as Instrument No. 104129529. b. Development of the Property shall be generally consistent with the conceptual development plan depicted on Exhibit"C",attached hereto, and the provisions contained herein_ C. Owner/Developer shall make application for administrative Design Review. Future development shall comply with the structure and site design standards listed in the Architectural Standards Manual. Strict design review of all four sides of the remodeled existing building is required. d. The existing direct access to the Property via N. Eagle Rd./SH-55 shall continue until vehicular access to the north across the South Slough and to N. Eagle Rd./SH-55 or to the south to E. River Valley St. is provided. At such time, the temporary access to Eagle Rd./SH-55 shall be removed and the street buffer landscaping adjacent to Eagle Road shall be completed consistent with the UDC standards. Note: The access via N. Eagle Rd./SH-SS depicted on the conceptual development plan along the northern boundary of this site is not approved with this application. e. The drive aisle on the east side of the Property shall terminate at the south boundary of the Property as an emergency vehicle access-if the adjacent property to the south develops with a residential use. Access will be restricted by a gate that will allow for emergency vehicle. The Owner/Developer shall coordinate the design of the gate with the Meridian Fire Department. However, if the adjacent property to the south develops with a commercial use,access shall not terminate and a through access shall be provided. Cross-access easements shall be granted to the properties to the north and to the south and recorded copies of the easements shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. Page 10 Page 211 Item#11. EXHIBIT "B" f. A Certificate of Zoning Compliance and administrative Design Review applications shall be submitted to and approved by the Planning Division prior to submittal of a building permit application(s). Page 11 Page 212 Item#11. EXHIBIT "C" Concept Site Plan OF - I - } q '■ � +.�� it INMM Vs • f.'.'.'.'.'.'. RrELOCATEQ Hoar" FrERa[ncr r •'.� ENLLOSVRE fam"ONILM I1� . CONCEPTUAL SITE PLAN COPPER CANARY SIT£WORK 4 rt 17 A ri1}i[� EXHIBIT C PAGE 1 OF 1 Page 213 Item#12. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Approval of Construction Contract for the Wastewater Resource Recovery Facility Side Stream Phosphorus Treatment—Construction project to JC Constructors, Inc. for the Not-To-Exceed amount of$3,131,546.00 with $2,000,000.00 funded in Fiscal Year 2022 and $1,131546.00 funded in Fiscal Year 2023 Page 214 Item#12. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 5/18/2022 Presenter: N/A Estimated Time: N/A Topic: Approval of Construction Contract for the WRRF Side Stream Phosphorus Treatment - Construction project to JC Constructors, Inc. for the Not-To-Exceed amount of $3,131,546.00 with $2,000,000.00 funded in FY22 and $1,131546.00 funded in FY23. Recommended Council Action: Award of Contract Background: This contract is the result of Formal Invitation To Bid#PW-2231-10036.H. Four bids were received. Page 215 Item#12 L Mayor Robert E. Simison E IDIAN City Council Members Joe Borton Treg Bernt Luke Cavener Public Works i n A H ("` Brad Hoaglun Jessica Perreault Department Liz Strader TO: Keith Watts, Purchasing Manager FROM: Clint Dolsby, P.E. Assistant City Engineer DATE: May 10, 2022 SUBJECT: WRRF SIDE STREAM PHOSPHORUS TREATMENT—CONSTRUCTION CONTRACT WITH JC CONSTRUCTORS,INC FOR A NOT TO EXCEED AMOUNT OF $3,131,546.00 I. RECOMMENDED ACTION A. Move to: 1. Approve the WRRF Side Stream Phosphorus Treatment — Construction Contract with JC Constructors, Inc for a not-to-exceed cost of$3,131,546.00. 2. Authorize the Mayor to sign the contract. 11. DEPARTMENT CONTACT PERSONS Clint Dolsby PE, Assistant City Engineer 208-489-0341 Warren Stewart PE, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background This project is the next step in initiating sidestream nutrient recovery at the Wastewater Resource Recovery Facility(WRRF). This is a follow up to the phosphorus recovery pilot project that was completed in the fall of 2009 and was included in the WRRF facility plan in 2012. To control the formation of struvite in the solids stream at the WRRF,Public Works is considering several steps. This project will provide a struvite production facility as an additional step for struvite control and has the added benefit of phosphorus and nitrogen removal from the centrate flow stream. Public Works Department . 33 E.Broadway Avenue,Suite 200,Meridian,ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org Page 216 Item#12. Fluid from dewatering operations contributes a substantial nutrient load to the treatment process. This load increases the secondary treatment costs and reduces the plant effluent quality. The City has experienced nuisance struvite issues in solid and sidestream processes that have caused significant pipe clogging and pump issues, and continue to limit the potential for liquid stream phosphorus removal until effective sidestream treatment is implemented. Sidestream phosphorus recovery will help meet future effluent phosphorus limits by eliminating the majority of the recycle loadings. B. Proposed Project This construction contract consists of constructing a new Side Stream Treatment Building at the City of Meridian's Wastewater Resource Recovery Facility and installing, testing and starting up the pre-purchased Phosphorus Precipitation System that is being furnished by Centrisys/CNP. IV. IMPACT A. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate,plan and provide.public services and facilities that support the needs of our growing community, ensure modern, reliable facilities while maintaining financial stewardship and maintaining the ability to meet the changing permit limit requirements. B. Service/Delivery Impact: Increased nutrient recovery at the WRRF will support departmental objectives to develop and employ strategies that comply with current and pending National Pollutant Discharge Elimination System Permit(NPDES). C. Fiscal Impact: Project Costs: WRRF Sidestream Phosphorus Recovery Preliminary Design $123,048.00 WRRF Sidestream Phosphorus Recovery Final Design $545.205.25 WRRF Sidestream Phosphorus Recovery SDC $455,240.00 Geotechnical Investigation $11.217.12 Survey $10,602.50 CNP Magprex Equipment $2,139,000.00 FY22 Construction Funding $2,000,000.00 FY23 Construction Funding $1,131,546.00 Total Cost $6,415,858.87 Project Funding FY 2020 Sidestream Phosphorus Recovery (3590-96182) $550,000.00 FY2021 Sidestream Phosphorus Recovery (3590-96182) $5,450,000.00 Proposed FY23 Sidestream Phosphorus Recovery (3590-96182) $1,250,000.00 Total Funding $7,250,000.00 Page 2 of 3 Page 217 Item#12: TIME CONSTRAINTS Council's approval will allow this project to increase the nutrient recovery from the dewatering recycle increasing the protection to dewatering equipment, lowering the secondary treatment costs, and increasing plant effluent quality Department Approval: Date Page 218 Page 3 of 3 CONTRACT FOR PUBLIC WORKS CONSTRUCTION WRRF SIDE STREAM PHOSPHORUS TREATMENT - CONSTRUCTION PROJECT# 10036.H THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 18th day of May, 2022, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and JC Constructors, Inc., hereinafter referred to as"CONTRACTOR", whose business address is 1305 E. Columbia Rd., Meridian, ID 83642and whose Public Works Contractor License# is PWC-C-14336. INTRODUCTION Whereas, the City has a need for services involving Waste Water Phosphorus Treatment Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work,or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 1 of 13 Project 10036.H represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $3,131,546.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Funding: Funding for this project will be split between two fiscal years, 2022 (Oct. 2021 -Sept. 2022) $2,000,000.00 and 2023 (Oct. 2022 — Sept. 2023) $1 ,131,546.00. The amounts beyond September 2022 have not yet been appropriated by the City. Contractor may NOT expend more than the amount specified and approved for a specific fiscal year. Any an all additional expenditures beyond the current fiscal year MUST be approved by City Council and memorialized by a written amendment or change order to this Agreement. WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 2 of 13 Project 10036.H 4. Term: 4.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 4.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 4.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 5. Liquidated Damages: Substantial Completion shall be accomplished within 270 (two hundred seventy days) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 330 (three hundred thirty days) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 6. Termination: 6.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 3 of 13 Project 10036.1-1 date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 6.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 7. Independent Contractor: 7.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 7.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 7.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 8. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901 WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 4 of 13 Project 10036.H 9. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 10. Indemnification and Insurance: 10.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 10.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 5 of 13 Project 10036.1-1 10.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 10.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 10.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 10.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 10.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 13. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 6 of 13 Project 10036.H Item#12. Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 14. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 15. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 16. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: htti)://www.meridiancity.orq/environmental.asi)x?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 17. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 7 of 13 Project 10036.1-1 Page 225 Item#12. 18. Reports and Information: 18.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 18.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting,typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 19. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 20. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 21. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 22. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 8 of 13 Project 10036.1-1 Page 226 Item#12. Contractor employ ninety-five percent (95%) bona fide Idaho residents. 23. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 24. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 25. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 26. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 27. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 28. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 29. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 9 of 13 Project 10036.H Page 227 Item#12. has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 30. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 31. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 32. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 33. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 34. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian JC Constructors, Inc. Purchasing Manager Attn: Jim Cox 33 E Broadway Ave 1305 E. Columbia Rd. Meridian, ID 83642 Meridian, ID 83642 208-489-0417 Phone: 208-850-1375 Email:jim@jccboise.com Idaho Public Works License#PWC-C-14336 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 10 of 13 Project 10036.1-1 Page 228 35. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN JC CONSTRUCTORS, INC. 1 BY: BY: KEITH WATTS, Procurement Manager JIM COX, w r Dated: 5-18-2022 Dated: Approved by Council: 5-18-2022 Project Manager Clint Dolsbv WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 11 of 13 Project 10036.1-1 Item#12. EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-2231-10036.H ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • SPECIFICATIONS dated 2-25-2022 (1,173 pages) • DRAWINGS by Mountain Waterworks dated January 2022 (116 pages) WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 12 of 13 Project 10036.H Page 230 Item#12. Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $3,131,546.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 270 Days from Notice to Proceed Milestone 2 Final Completion 330 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WWRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION per IFB PW-2231- 10036.H NOT TO EXCEED CONTRACT TOTAL....................... 1 1 4 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. Contract Pricing Schedule Item No. Description I Quantity Unit Unit Price MOBILIZATION & GENERAL CONDITIONS 1 Mobilization (5%) 1 1 LS $156,417.00 SITE IMPROVEMENTS & UTILITIES 2 Sitework and surface improvements 1 LS $250,267.00 3 Yard piping and manholes 1 LS $93,850.00 BUILDING AND EQUIPMENT Building (incl. Foundation, Slab, Roof, Gutters, 4 Building Coatings, Bollards, Stairs, Doors, 1 LS $563.101.00 Handrails, etc. 5 Electrical (Site, Building & Equipment) 1 LS $938,502.00 6 Instrumentation and Control 1 LS $125,134.00 7 HVAC Equipment 1 LS $93,850.00 8 Plumbing 1 LS $62,567.00 9 Process Piping and Equipment (Pipes, 1 LS $312,834.00 Valves, Fittings, Coating, Supports, etc. Install CNP Equipment (Reactor tanks, 10 Instrumentation, Electrical, Blowers, Chem 1 LS $250,267.00 feed, etc. 11 Startup and Commissioning 1 LS $156,417.00 12 Use Tax 1 LS $128,340.00 WRRF SIDE STREAM PHOSPHORUS TREATMENT CONSTRUCTION page 13 of 13 Project 10036.H Page 231 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Interagency Agreement Between the Ada County Highway District and the City of Meridian for Water Improvements for the 2021 Residential Capital Maintenance Project- ACHD Project No. 519017 Page 232 Item#13. Mayor Robert E. Simison IDIAN*-� City Council Members Joe BortonEn Treg Bernt Public Works Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Jared Hale—Engineering Project Manager DATE: May 5, 2022 SUBJECT: Interagency Agreement Between the Ada County Highway District and the City of Meridian for Water Improvements for the 2021 Residential Capital Maintenance Project -ACHD Project No. 519017 REQUESTED COUNCIL DATE: May 17, 2022 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with the Ada County Highway District ("ACHD"). 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Jared Hale—Engineering Project Manager 208-489-0370 Clint Dolsby—Assistant City Engineer 208-489-0341 Warren Stewart—City Engineer 208-489-0350 Laurelei McVey—Director of Public Works 208-985-1259 III. DESCRIPTION A. Backaound ACHD will be rehabilitating some roads in downtown Meridian as part of their 2022 roadway program. As a utility within the public right of way, the City is responsible for adjustment of water and sewer infrastructure to allow for roadway projects. As part of the construction, City of Meridian utilities are being adjusted Page 233 Page I of 3 Item#13. to meet required clearances. The construction will also allow the City to stub out utilities for future development. B. Proposed Project ACHD will improve NE 2nd Street from Idaho Avenue to Carlton Avenue,E. State Avenue from NE 2nd Street to N. Cathy Lane, NE 4th Street from Broadway Avenue to State Avenue,NE 4th Street from Washington Avenue to 250 feet north, E. Washington from NE 4th Street to N. Cathy Lane, NE 5th Street from State Avenue to approximately 250 feet north of E. Washington Avenue, E. Bower Street from NE 2nd Street until it dead ends to the east, and NE 51h Street from Franklin Road to Bower Street. During construction, ACHD will have City of Meridian water improvements installed by their contractor. The water portion will consist of the relocating eight water services, relocating one fire hydrant, abandoning one fire hydrant, and installing a new fire hydrant. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact The costs of the City of Meridian infrastructure improvements are estimated to be $60,000 and will be funded from the water main extensions account, as shown below. Project Costs: ----------------------------------------------------------------------r----------------------------------------------------------------------r------------------------------------------------------------------ Fiscal Year 2022 ---------------------------------------------------------------------r------------------------------------------------------------------------------------------------------------------------------------------+ Franklin to Pine $60,000 r----------------------------------------------------------------------r----------------------------------------------------------------------r-------------------------------------------------------------- Total $60,000 ------------------------------------------------------------------------------------------------------------ ------------------------------ Project Funding ----------------------------------------------------------------------r-----------------------------------------------------------------------r----------------------------------------------------------------- Fiscal Year 2022 Account Code/Codes ---------------------------------------------------------------------r------------------------------------------------------------- ------------------------------------------------------------------- Water Main Extensions 1 3490-96140 $60,000 --------------------------------------------------------------------- --------r-------------------- Total Funding $60,000 ----- ---------------------------------------------- V. -; TIME CONSTRAINTS ACHD plans to start construction on this project in May 14, 2022. City approval of this agreement is required for ACHD to install water improvements as part of their project. Page 234 Page 2 of 3 Item#13. VI. LIST OF ATTACHMENTS A. Interagency Agreement between Ada County Highway District and the City of Meridian for water improvements. B. Vicinity Map - 2021 Residential Capital Maintenance i '5 ld�Z Z Approved for Council Agenda: l i i i i i i i Page 235 Page 3 of 3 INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION /WATER CONSTRUCTION 2021 Residential Capital Maintenance ACHD PROJECT NO. 519017 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER CONSTRUCTION ("Agreement") is made and entered into this 18th day of May 2022, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project no. 519017. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction projects known as 2021 Residential Capital Maintenance ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including replacing and relocating water services and abandoning, installing and relocating fire hydrants, (collectively, "City Water Improvements") as detailed in Project no. 519017, to be constructed pursuant to a Change Order to a separately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water Improvements reflected in redline edits to the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water Improvements within the Project Boundaries; and Interagency Agreement for 2021 Residential Capital Maintenance Page 1 of 8 NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for executing and administering the construction CONTRACT for the roadway reconstruction and incorporation of the City Water Improvements referenced herein into said CONTRACT by issuance of a Change Order which shall include, inter alia, a provision that all work required for the City Water Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of MERIDIAN Supplemental Specifications to the ISPWC. b. Include in the CONTRACT by issuance of a Change Order, a term providing that MERIDIAN will have the right and authority to work directly with the Contractor to resolve any claims relating in any way to the City Water Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN including enforcement of the two (2) year warranty period to be started at the date described in the final acceptance letter from MERIDIAN. c. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water Improvements. d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. e. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the CONTRACT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to the Contractor. f. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. g. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. h. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.e. above, as a result of the additional work attributed to the City Water Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and Interagency Agreement for 2021 Residential Capital Maintenance Page 2 of 8 omissions, and delays attributable to design and/or installation of the City Water Improvements. i. Indemnify, save harmless and defend regardless of outcome, MERIDIAN from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by DISTRICT or DISTRICT'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water Improvements. Such indemnification hereunder by DISTRICT shall in no event cause the liability of DISTRICT for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of MERIDIAN. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the red lined plans (or pursuant to Paragraph 1 .e. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water Improvements to be incorporated into the Project for the CONTRACT (all work required for the City Water Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1 .j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the Interagency Agreement for 2021 Residential Capital Maintenance Page 3 of 8 preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN'S project costs as they relate to the total project construction costs. g. Provide (at City's sole costs) trench compaction testing for the City Water Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. h. Be liable for the cost of repairing any trench failure attributable to the City Water Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. i. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water Improvements. j. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Water Improvements; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every Interagency Agreement for 2021 Residential Capital Maintenance Page 4 of 8 kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. Interagency Agreement for 2021 Residential Capital Maintenance Page 5 of 8 I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water Interagency Agreement for 2021 Residential Capital Maintenance Page 6 of 8 Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: Bruce Wong Mary May Director President, Board of Commissioners ATTEST: CITY OF MERIDIAN By: By: Chris Johnson 5-18-2022 Robert E. Simison 5-18-2022 City Clerk Mayor Interagency Agreement for 2021 Residential Capital Maintenance Page 7 of 8 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this _ day of 2022, before me, the undersigned, personally appeared Mary May and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Idaho My commission expires: STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 18th day of May 2022, before me, the undersigned, personally appeared Brad Hoaglun and Chris Johnson to be thecoundPresidentand City Clerk respectively of MERIDIAN, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY Cha&ycWo-,q COMMISSION No. 67390 NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO Residing at_Meridian Idaho My commission expires: 3-28-2028 Interagency Agreement for 2021 Residential Capital Maintenance Page 8 of 8 N N �o� a h ►uui N - ,� Item#13. w t 71 1 C- z • 0 u ■ • O ;;s Post fice • 0 z E Was0s90•••• 2021 Residential Capital Maintenance o �� f> I Fq e .��r_ ERIDIAN E Carlton Ave• E Carlton Ave r r shford St sidentia,.- MENTAR�Y • 0 << 000 E 2nd St, Idaho Ave to Carlton Ave CHOOL N� 1 1 0 e State Ave 0000( 000OOO)OOCE)000Q \ ••• E 4th St, Broadway Ave to State Ave s yCl&b � • W 1j) • �ll We-- -177F E Pine Ave 0 1E_Pine Ave ! ••• E 4th St, Washington Ave to Janie Ln QQj Q h, Ave Meridian O # 000 E 5th St, State Ave to North End • Ln w w ds L II I I 000 E Bower St, 2nd St to East End ,,,oi �r 1ve E_B_rOdway Ave tYr`Y7 aza 000 E State Ave, 3rd St to Cathy Ln >mmercial St� — NU neon aci is ••• E Washington Ave, 4th St to Cathy Ln — I ai E Bowers W 0000 ••• NE 5th Ave, Franklin Rd to Bower St ber Lateral Z E_Lanark_st y ti E King St ar p V Taylor--Ave d ui E King St Cr-4c z w M. o r—O0 N G E Williams St Fir Station#1 I�Z _ � 1272 ifR:d E-Franklin Rd L� • rE=Fga.nkl n7Rd E Franklin;Rd //III\ I� li , �1■ �I� l� 1� 02 Miles Exported on: 2/22/2022 VICINITY MAP Esri Community Basemap CHD 2021 Residential Capital Maintenance Gn m•�7fieoC�o . .. - .-. . Page 244 Item#14. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: License Agreement for Meridian Police Department Canine Training at Amazon Delivery Station, 2316 W. Franklin Rd. Page 245 Item#14. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: May 18, 2022 Presenter: Meridian Police Department Estimated Time: .1 minutes Topic: License Agreement for Meridian Police Department Canine Training at Amazon Delivery Station, 2316 W. Franklin Road Recommended Council Action: Approve the agreement and authorized the Mayor's signature. Background: This agreement conveys a license to the Meridian Police Department to utilize the Amazon delivery station facility, at 2316 W. Franklin Road, in Meridian, also known as DID3, for periodic tactical training by officers and their canine units. This program promotes productive relationships with local proprietors, provides new training environments for the dogs and their trainers and allows police officers to become familiar with local buildings in the event that police assistance is needed at such locations. Page 246 DocuSign Envelope ID:D13DD870-288A-45A2-8A51-557FEDE08070 Confidential DID3 r LICENSE AGREEMENT("License") Date of License("Effective Date"): The date of the last party to sign. Licensee Entity("Licensee"): City of Meridian,a Municipal corporation organized under the laws of the State of Idaho Licensor Entity("Licensor"): Amazon.com Services LLC,a Delaware limited liability company Premises Address: 2660 W Fred Smith Street,Meridian,Ada County,ID 83642 j "Start Date of License": Effective Date(the"Commencement Date") "End Date of License": Ninety(90)days after the Commencement Date,or such earlier date as the Lease may otherwise expire or terminate(the"Term"). Subject to Section 3 below,the Term shall automatically renew for nine 9)periods of this 30 days each. "Rent": $0 This License is dated as of the Effective Date and is entered into by Licensor and Licensee. Licensor is the lessee and sole occupant of the Premises (hereinafter defined) pursuant to a certain Lease Agreement dated as of February 25, 2021 (as amended,the"Lease"),by and between ADLER AB OWNER XI,LLC,a Delaware limited liability company("Landlord"), and Licensor. 1. Scope of License.Commencing as of the Start Date of License,Licensor licenses to Licensee and Licensee licenses from Licensor the premises depicted on Exhibit A("Premises"),together with the nonexclusive use of the employee parking spaces shown on Exhibit A and incorporated herein for all purposes during the Term of this License, subject to the provisions set forth in the Lease.Licensee will have no right to the use of any other parking spaces located on or about the Premises. Licensee may use the Premises,subject to Licensee's compliance with all laws and legal requirements,to provide training by and of Meridian Police Department full-time, active-duty officers and their canine units (the "Permitted Use").For clarity,Licensee will not permit any person,even if employed by Licensee in any other capacity,other than full-time,active-duty officers to enter the Premises during the course of the Permitted Use.The license granted herein shall terminate automatically,and without further action by any party hereto,at 5:00 pm,Mountain Standard Time,on the End Date of License. 2. Conditions of Use.Licensee shall only engage in the Permitted Use at times mutually agreeable to Licensor and Licensee, as mutually determined and agreed upon in advance by Licensor and Licensee.At least one(1)week prior to any use by Licensee(each,a"Use Period"),Licensee shall submit the proposed times of access to Licensor in writing by contacting Dale Hatfield(dalehat a,amazon.com)or Britta LaRiviere(larivib n,amazon.com)("Licensor Representative"),or such other person as shall be designated by Licensor(the"Access Proposal"). Such Access Proposal shall include the scope of areas within the Premises that Licensee would like to access during the Use Period.Licensee shall not enter any area of the Premises that has not been approved for access during the scope of such Use Period.Licensee shall not enter the Premises unless Licensor Representative or such other person as may be designated by Licensor Representative shall be present and grant such entry.Licensee acknowledges that it has inspected the Premises and hereby accepts the Premises for the Permitted Use in its present good and satisfactory order, condition, and repair. Licensor makes no warranty or promise as to the condition,safety,or usefulness of the Premises for the Permitted Use;and Licensee accepts the Premises for use on an"as is,where is"basis.Licensee will leave the Premises in the same condition and manner as existed at the beginning of each Use Period. 3. Early Termination.Each of Licensor and Licensee may terminate this License at any time, effective immediately upon written notice to the other party. 4. Rent. Licensee will pay Licensor the Rent set forth above to use the Premises in advance on the first(1st)day of each calendar month during the Term. 5. Maintenance. Licensee will repair any damage caused by Licensee or any of its affiliates and its and their agents, servants,directors,officers,employees,contractors,and invitees. 1 legal Page 247 Item#14. elope ID:D13DD870-288A-45A2-8A51-557FEDE08070 i Confidential DID3 3 i 6. Alterations and Improvements.Licensee shall have no right to make any alterations or improvements to the Premises, without the prior written consent of Licensor,Any alterations or improvements to the Premises made by Licensee shall be removed by Licensee,and the Premises shall be restored by Licensee to the condition it was in prior to such alterations or improvements,prior to the termination or expiration of the license herein at Licensee's sole cost and expense. 7. Premises Security. Licensor will have no responsibility for items left in the Premises.Licensor shall have no liability for any loss,damage,injury,or expense that may be incurred in connection with Licensee's use of the Premises or arising from the acts of Licensee,its employees,agents,servants,directors,officers,contractors,andinvitees at the Premises. i i 8. Liability. Subject to all applicable laws, including Idaho Constitution, Art. XII, Section 4, Licensee shall reimburse Licensor for claims, actions, liabilities and expenses in connection with loss of life, personal injury and/or damage to property arising ftom or out of Licensee's use of the Premises or any part thereof, occasioned wholly or in part by any act or omission of Licensee, its officers, agents, contractors or employees, including but not limited to the active duty patrol officers and their canine units.If Licensee or any employee,agent or representative of Licensee,including but not limited to the active duty patrol officers and their canine units,causes any injury or damage to the Premises in any manner, Licensee shall reimburse Licensor for the cost of all necessary repairs and/or replacements. 9. Insurance. During the term of this License,Licensee will maintain the coverages set forth in Licensee's certificate of insurance, which Licensee certifies contains at least the following limits:general and professional liability protection coverage which shall afford, at a minimum, the following limits: (a) $500,000 each occurrence for claims brought under the ITCA; and (b) $3,000,000 for all other covered claims.Upon Licensee's request,Licensor shall provide a copy of said certificate of insurance. 10. LIMITATION OF LIABILITIES.NEITHER PARTY WILL BE LIABLE UNDER ANYCIRCUMSTANCES FOR CONSEQUENTIAL(INCLUDING BUT NOT LIMITED TO LOST OPPORTUNITIES OR PROFITS)OR PUNITIVE DAMAGES. 11. Default by Licensee.Licensee will not be in default unless Licensor has been given notice and fails to comply with any other provision of this License within 2 days after receipt of notice,provided that where any such default cannot reasonably be cured within a 2-day period,Licensee will not be in default if Licensee commences to curethe failure within the 2-day period,and thereafter diligently pursues all reasonable efforts to complete the cure.If Licensee is in default under this License,Licensor will be entitled to pursue all rights and remedies at law or in equity under this License. 12. Successors and Assigns. Subject to the limitations set forth in this License,the covenants and agreements in thisLicense will bind and inure to the benefit of Licensor,Licensee, and their respective successors and permitted assigns.Licensee may not assign this License or sublease the Premises(or any part thereof)to any affiliate or third party without Licensor's and Landlord's prior written consent. 13. Surrender and Holdover.Upon expiration or earlier termination of the Term,Licensee will remove Licensee's property and surrender the Premises in its then"as-is"condition,but in no worse condition than as of the Start Date of License, ordinary wear and tear and casualty excepted.Licensor may require that Licensee,upon surrender,remove any alterations or improvements made by Licensee without Licensor's consent by providing notice of which alterations or improvements Licensor requires Licensee to remove with reasonably sufficient time to complete the removal prior to expiration or earlier termination of the Term.If Licensee remains in possession of the Premises after the expiration of the Term, such possession will be month-to-month at a rate of$25,000. 14. Governing Law.This License is governed by the laws of the state in which the Premises is located. 15. Miscellaneous. Licensor or Licensee may deliver executed signature pages by electronic means,which will be deemed to be an original.This License may be executed in any number of counterparts,each of which will be deemed an original and all of which together constitute one agreement with the same effect as if the parties signed the same page.This License is the entire agreement between the parties, and no modification of this License is binding unless it is in writing and signed by Licensee and Licensor.All notices under this License will be made by email,addressed to the email addresses on the signature page.Each party agrees that no compensation is due to any person related to this transaction.No waiver by either party of any provisions of this License is a waiver of any other provisions or of any subsequent breach.No delay on the part of either party in exercising any of its rights hereunder is a waiver of such rights. 2 t gay Page 248 Item#14. elope ID:D13DD870-288A-45A2-8A51-557FEDE08070 Confidential DID3 16. Jury Trial Waiver. LICENSEE AND LICENSOR WAIVE ANY RIGHT TO TRIAL BY JURY OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, BETWEEN LICENSEE AND LICENSOR ARISING OUT OF THIS LICENSE OR ANY OTHER INSTRUMENT,DOCUMENT, OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED HERETO. i 17. Anti-Corruption. Licensee will not violate any applicable anti-corruption laws in performing under this License. [Signature Page to Follow] i i I i I 3 l`egaa[ Page 249 uocuaign tnveiope iu. ui.juua7u-z=A-4wHo-aHoi-5oirturuoum Confidential DID3 This License is executed by the parties to be effective on the Effective Date. LICENSOR: AMAZON.COM SERVICES LLC, a Delaware limited liability company Docu SIvId by: By I .. S0 a7BE9784M Name: Benjamin Seeger Title: Authorized signatory Date: May 9, 2022 Address: c/o Amazon.com,Inc. Attention: Real Estate Manager(NA Ops: DID3 (License Agreement)) Attention: General Counsel (Real Estate(NA Ops): DID3 (License Agreement)) Attention: NA Ops Asset Management(DID3 (License Agreement)) Each with an address of: 410 Terry Ave.N Seattle, WA 98109-5210 Telephone: (206)266-1000 WithWith copies toto: naops-piopmgmt@amazon.com;opsrelegalnotice@amazon.com; na-realestate@amazon.com;naops-rent@amazon.com using the subject line—Re:DID3 (License Agreement)and reason for the notice(e.g.,default,cease&desist,bribery or anti-corruption) LICENSEE: CITY OF MERIDIAN, a Municipal corporation organized under the laws of the State of Idaho By Brad Hoaglun Cot+--ndl-President For Robert E. Simisom—, Mayor May 19th, 2022 Address: City of Meridian 33 E Broadway Ave. Suite 306 Meridian,Idaho 8364 2 Attn:Meridian Police Department Email:ekane@meridiancity.or g Signature Page to License Agreement Dlega, uocu.wgn tnveiope iu:u'I.SUUO U-Z?JOA-45HL-23A5'1-001rtututfu/u Confidential DID3 (License) EXHIBIT A I Auto Parking Trader Parking o;= ;Van Loading G3�� I, —A; Van parking Van Queueino j. Fire Lane PIROPMED - oaA My O aAT ABLDO - 1 ` :i,• ML Fire Lane ' . DrnEnsror�c .,I tt +i r ; Exhibit A- l legal Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of the Lease Agreement for Lakeview Golf Club Restaurant and Bar to Rooster's Golf, LLC dba Rooster's Tavern on the Green Page 252 Item#15. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 2/1/2022 Presenter: N/A Estimated Time: N/A Topic: Approval of the Lease Agreement for Lakeview Golf Club Restaurant and Bar to Rooster's Golf, LLC dba Rooster's Tavern on the Green. Recommended Council Action: Approve the lease to Rooster's Tavern on the Green Background: This lease is the result of a formal RFO issued February 27, 2022 and closed March 23, 2022. We only had one proposal submitted. This is the current company running the restaurant now. Page 253 LEASE AGREEMENT FOR LAKEVIEW GOLF CLUB RESTAURANT AND BAR This LEASE AGREEMENT FOR LAKEVIEW GOLF CLUB RESTAURANT AND BAR ("Lease") is entered into by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 ("Landlord"), and ROOSTER'S GOLF, LLC dba ROOSTER'S TAVERN ON THE GREEN, a Limited Liability Corporation organized under the laws of the state of Idaho, whose address is 2488 N. Turnberry Way, Meridian, ID ("Tenant"), effective the 18th day of May , 2022. In this Lease, Landlord and Tenant may be referred to individually as a"Party" or collectively as "Parties." WHEREAS, Landlord owns or controls Lakeview Golf Club, located at 4200 W. Talamore Boulevard, in Meridian, Idaho, which includes a restaurant and bar(hereinafter"Lease Premises"); WHEREAS, Landlord is authorized by Idaho Code section 50-1401 to manage real property owned by the Landlord in ways which the judgment of City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Tenant for selling concessions serves the public interest; WHEREAS, pursuant to Idaho Code section 50-1409, the mayor and council hereby authorize the lease of Lease Premises to Tenant; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained,and in consideration of the recitals above,which are incorporated herein,Landlord and Tenant agree as follows: I. Lease granted. In consideration of the payment of rent, and other sums to be paid by Tenant to Landlord pursuant to this Lease (collectively referred to hereinafter as "Rent") and the performance of the other covenants, conditions and agreements in this Lease to be kept and performed by Tenant, Landlord does hereby lease and demise Lease Premises to Tenant. II. Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited to: A. The preparation and sale of food and beverage consistent with the requirements and standards established by this agreement, and by applicable federal, state, city, and health department laws, ordinances, regulations and resolutions; B. The operation of a beverage cart on the golf course as set forth in this agreement; and C. The operation of a restaurant and bar as set forth in Request for Proposals and Tenant's response thereto, which are attached hereto as Exhibit A, and in full compliance with this Lease, City of Meridian Conditional Use Permit number 99-009, any amendment thereto, and/or any subsequently issued conditional use permit, and the May 5, 2005 Assignment Of Lease and Amended Lease Agreement for the Provision Of Golf Course Operations at City of Meridian's Municipal Golf Course. 1 1 P a g e Tenant shall not use or permit the use of the Lease Premises for any other purpose without the express written consent of Landlord. Tenant warrants and represents that Tenant has undertaken a complete and independent evaluation of any and all risks inherent in the execution of this Lease and the operation of the Lease Premises for its use permitted hereby, and that, based upon said independent evaluation, Tenant has elected to enter into this Lease and hereby assumes all risks with respect thereto, some of which risks may be unknown. III. Scope of services. As a condition of Tenant's use and occupancy of the Lease Premises, Tenant shall provide the following services, and those enumerated in the Request for Proposals and in Tenant's response thereto, attached hereto as Exhibit A. Tenant shall: A. Obtain and maintain, throughout the term of this Lease, all City, State and Federal licenses and certificates, and maintain duly qualified staff, as necessary to operate food and beverage services in accordance with all applicable laws and regulations, including, without limitation, a Municipal Golf Course Restaurant Liquor License issued by the State of Idaho, and an Idaho seller's permit. Tenant must obtain all necessary permits prior to operating the restaurant and bar on Lease Premises. City of Meridian alcohol permit fees, if any, shall be waived. B. Keep the Lease Premises open for business with the public each and every day during business hours, in accordance with the following schedule: 1. Weekdays, March through November: 9:00 a.m. to 9:00 p.m. 2. Weekends, March through November: 8:00 a.m. to 10:00 p.m. 3. December, January, and February: Reduced hours as mutually agreed with the Meridian Parks &Recreation Department Director or his/her designee. 4. Any additional hours of operation necessary to provide service in conjunction with all regular golf course activities, including regularly or specially scheduled tournaments. 5. Any additional hours of operation, so long as such operation complies with all laws and regulations applicable, including, without limitation, City of Meridian Conditional Use Permit number 99-009, any amendment thereto, and/or any subsequently issued conditional use permit. CUP no. 99-009 states, among other things, that operations shall conclude daily on or before the hour of 11:00 p.m. Tenant may, with prior, written approval by the Parks &Recreation Director or his/her designee, and upon posting a written notice on all entrances and exits for at least one week, temporarily close the restaurant for a reasonable period of time for holidays; necessary repairs or remodeling; taking inventory; preparation for or hosting tournaments or special events, or in periods of low attendance or inclement weather. C. Prominently post hours of operation at the Lease Premises. D. Operate a mobile beverage cart on the golf course, from at least noon to 6:00 p.m. on the following days: Wednesdays through Sundays; on Memorial Day, Independence Day, and Labor Day; and during tournaments. E. Provide a written menu, itemized with pricing information. Tenant shall not change the menu and pricing without prior, written approval of the Parks &Recreation Department Director or his/her designee. F. Supply and require employees to wear uniforms with Tenant's logo. 2 1 P a g e G. Provide a 30% discount on food and beverages to Tenant's employees and golf course employees during their shift. Tenant shall not allow Tenant's employees to consume alcoholic beverages on the Lease Premises during their shift or while in uniform. H. Install and maintain, at Tenant's expense, all equipment necessary to operate food and beverage services as set forth herein. I. Purchase, install, maintain, and use a point of sale system, and accept credit card and debit card payments. All sales shall be recorded by means of cash registers which publicly display the amount of each sale and automatically issue a customer's pre-numbered receipt. Cash registers shall have a dual tape system whereby there will be a continuous record kept of all transactions recorded, and beginning and ending cash register readings. Tenant shall provide copies of any and all such records to Landlord within three (3) days of Landlord's request. J. Provide and maintain the necessary inventory of food, beverages, and related service products, including plates, utensils, and paper products, required to satisfy the public demand therefor. All such products sold or kept for sale by Tenant shall be of high quality, wholesome and pure, and shall conform to all Federal, State, and County food laws, ordinances and regulations in all respects. No adulterated, misbranded or impure articles shall be offered, sold, or otherwise provided by Tenant. All food and beverage products kept on hand by Tenant shall be stored and handled with due regard for sanitation. K. Provide daily and other necessary housekeeping, cleaning, preventative maintenance and sanitation of the Lease Premises, including all necessary commercial equipment and supplies for such purpose. L. Insure that the area within and immediately adjacent to the Lease Premises is kept clean and free of all debris, litter, or other unclean or unsightly condition caused or created by Tenant's use of the Lease Premises. M. Use its best efforts to ensure that its work force is courteous to members of the public encountered during workunder this Lease. In the event of violation of this provision,Landlord shall have the right to require Tenant to remedy the problem and prevent future violations by disciplining the offending employee or employees up to and including removing the employee from work under this agreement. IV. Term of lease. The term of this lease shall begin when A) executed by both parties and B) Tenant holds all necessary alcohol licenses for service on the Lease Premises ("Effective Date"). The lease term shall automatically be renewed from year to year thereafter, unless written notice of termination is given by either party to the other in the manner set forth herein. Tenant shall be deemed to have occupied the Lease Premises for purposes of beginning the term as of the Effective Date. Time is of the essence in all matters related to this Lease. V. Responsibilities of Tenant. With regard to Tenant's use and occupancy of the Lease Premises under this Lease, Tenant shall be responsible for each and all of the following. 3 1 P a g e A. Rent. Beginning with the Effective Date, Tenant shall pay Rent to Landlord according to the Payment Schedule set forth in Exhibit B hereto. Rent shall include the cost and expenses for all utilities in connection with the Lease Premises, including the cost of electricity or other fuels or power sources, pest control, water and sewer services, and garbage collection services. Rent shall not include any cost or expenses for establishing and maintaining a separate or additional phone line, point of sale system, credit card machine, or other systems necessary to accept payment or run other electronics; any such costs shall be borne by Tenant, at Tenant's election. B. Taxes. Tenant shall remit all taxes due and owing in relation to activities allowed under or required by this agreement, including, without limitation, sales tax. Further, tenant shall pay, prior to delinquency, all personal property taxes due and payable for any and all inventory, equipment, floor, ceiling and wall coverings, furniture, trade fixtures, or other personal property kept or used in or on the Lease Premises. C. Fixtures and appliances. The parties acknowledge that fixtures and appliances owned by Landlord, as described in Exhibit C hereto, are present on the Lease Premises. All such fixtures and appliances shall be in good working order by the Effective Date at Landlord's sole expense. During the Lease term, Tenant shall provide all necessary repair, maintenance, and inspection of all fixtures and appliances, including of those owned by Landlord. Tenant may, with the written consent of the Meridian Parks &Recreation Department Director or designee, at Tenant's sole expense, and in compliance with all applicable codes, permitting, and inspection requirements, install, use, repair, and maintain Tenant's own appliances on Lease Premises. D. Closure penalty. Landlord may charge Tenant fifty ($50.00)dollar per day for each day that the Lease Premises are closed during the operating hours specified in this Lease, unless such closure is previous approved, in writing, as specified herein. E. Surrender of Lease Premises; removal of property. Subject to the provisions set forth herein, upon termination of the Lease, Tenant, at Tenant's sole expense, shall: 1. Remove Tenant's personal property and appliances; 2. Repair and restore the Lease Premises to a condition as good as received by Tenant from Landlord, reasonable wear and tear excepted; and 3. Promptly and peacefully surrender the Lease Premises and yield possession to Landlord. Any personal property or appliances left by Tenant on the Lease Premises after the termination of the Lease shall be deemed to have been abandoned and shall become the property of Landlord. Tenant shall be liable for all costs associated with the removal and/or disposal of such property. Tenant hereby waives all claims for damages that may be caused by Landlord's reentering and taking possession of the Lease Premises or removing and storing Tenant's property and/or other property. No such reentry shall be considered or construed to be a forcible entry. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in surrendering the Lease Premises, including, without limitation, any claims made by a succeeding tenant founded on such delay. F. Condition of Premises. Tenant acknowledges that Tenant has inspected the Lease Premises and does hereby accept the Lease Premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that Landlord makes no warranty or promise as to the condition, safety, usefulness or habitability of the Lease Premises, and Tenant accept the Lease 4 1 P a g e Premises "as is." In entering into this Lease, Tenant is relying on its own investigation and inspection of the Lease Premises and its own determination of the suitability of the Lease Premises, physically and legally, for its intended use. G. Alterations. Tenant shall make no additions, changes, alterations or improvements to the Lease Premises, or to any electrical, mechanical or fire protection facilities pertaining to the Lease Premises, without the prior written consent of Landlord. Tenant shall be responsible for any and all code requirements resulting from any additions, changes, alterations or improvements to the Lease Premises. H. Exterior displays. Tenant shall not install, display, or use permanent or temporary exterior lighting, amplifiers, speakers, signs, or other devices or any medium which may be heard or seen outside the Lease Premises, unless first specifically approved, in writing, by the Parks and Recreation Director or his/her designee. Such approval shall include a time limit, and may be revoked at any time, at Landlord's sole election. I. Waste. Tenant shall not commit or allow to be committed any waste upon the Lease Premises, or any nuisance, or any act in or about the Premises that disturbs the quiet enjoyment of Landlord. Tenant, at Tenant's sole expense, shall comply with all laws and regulations relating to its use or occupancy of the Lease Premises. J. No assignment or subletting. Tenant shall not, without first obtaining Landlord's consent: (1) subcontract, sell, assign, mortgage, or transfer this Lease or any interest therein; (2) sublease all or any portion of the Lease Premises; or(3) allow the use or occupancy of the Lease Premises by anyone other than Tenant. No assignment or sublease shall relieve the Tenant of any liability under this Lease, unless Landlord consents in writing to accept such assignment or sublease as a whole or partial novation. Notwithstanding the foregoing, any transfer of this Lease by merger, consolidation or liquidation of Tenant shall not constitute an assignment hereunder. K. Compliance with ADA. Tenant shall not enter into any change of use of the Premises, whether approved by Landlord or not, if such change in use would result in increased liability of Landlord under the Americans with Disabilities Act of 1990, Public Law No. 101-336, 42 US 12101 et. seq. as it may be amended from time to time ("ADA"). L. No Hazardous Substances. Tenant specifically agrees not to use, store or deposit any substance that is hazardous or dangerous to person, property or the environment(or any similar substance) as now or hereafter defined by or determined pursuant to any applicable state or federal law or regulation in amounts exceeding legally permissible levels in, on, or about the Premises. M. Liens. Tenant agrees that Tenant will keep the Lease Premises free and clear of all mechanics' liens on account of work done by Tenant or persons claiming under Tenant. Tenant agrees to defend, indemnify and save Landlord free and harmless against liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to Tenant or persons claiming under Tenant. If Tenant shall desire to contest any claim of lien, it shall furnish Landlord adequate security for the value or in the amount of the claim, plus estimated costs and interest, 5 1 P a g e or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose has been filed and Tenant shall not have furnished Landlord adequate security as more particularly provided above, then, in order to protect the Lease Premises and Landlord against such claim of lien, Landlord may, but shall not be required to, pay the claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant agrees to and shall pay the same. Should any claims of lien be filed against the Lease Premises or any action affecting the Lease Premises be commenced, the Party receiving notice of such lien or action shall forthwith give the other Party written notice thereof. N. Indemnification. Tenant specifically indemnifies Landlord and holds Landlord harmless from any loss, liability, claim,judgment, or action for damages or injury to Tenant, to Tenant's personal property or equipment, and to Tenant's employees, agents, guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of Landlord or its employees. Tenant further agrees to indemnify and hold Landlord harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the leased premises by Tenant or by Tenant's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of Landlord or its employees. If any claim, suit or action is filed against Landlord for any loss or claim described in this paragraph, Tenant, at Landlord's option, shall defend Landlord and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify Landlord for all such costs and fees incurred by Landlord in the defense or resolution thereof. O. Bond. Tenant shall provide Landlord a performance bond in the amount of twenty thousand dollars ($20,000), to remain in effect for the term of this Lease. P. Insurance. 1. Comprehensive Commercial General Liability Insurance. Tenant shall purchase and maintain in force throughout the term of this Lease a policy of commercial general liability insurance covering the activities of Tenant in connection with the Lease Premises, having a combined single limit of not less than one million dollars ($1,000,000)per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars ($1,000,000)per accident or occurrence. The insurance shall insure against any and all liability of Tenant with respect to the Lease Premises and any other property used or useable by Tenant. 2. Liquor Liability Insurance. Tenant shall purchase and maintain in force throughout the term of this Lease in force with an insurance carrier acceptable to Landlord a policy of liquor liability insurance covering the activities of Tenant in connection with the Lease Premises, having a combined single limit of not less than one million dollars ($1,000,000) per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars ($1,000,000)per accident or occurrence. Obtaining and 6 1 P a g e maintaining any and all bonds or other requirements necessary for the service of alcohol shall be the sole responsibility of Tenant. 3. Personal Property Insurance. Tenant shall purchase and maintain in force throughout the term of this Lease insurance covering all of Tenant's and Landlord's furniture, appliances, fixtures, machinery, equipment, inventory, and other personal property owned or used by Tenant in, on, or about the Lease Premises. All policy proceeds shall be used for the repair or replacement of the property damaged or destroyed regardless of the cause of such damage; however, if this Lease is terminated, Tenant shall be entitled to any proceeds resulting from damage to Tenant's furniture, appliances, fixtures, machinery, equipment, inventory, and any other personal property. 4. Worker's Compensation Insurance. Tenant shall purchase and maintain in force throughout the term of this Lease workers' compensation insurance on any and all persons in Tenant's employ, in the minimum amount(s) as required by Idaho law. 5. Auto Insurance. Tenant shall purchase and maintain in force throughout the term of this Lease automobile liability coverage with minimum combined single limits of$300,000 per occurrence.This insurance shall include bodily injury and property damage for the following coverage for owned, non-owned, and hired vehicles. 6. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord naming Landlord as an additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace such insurance at least thirty (30) days prior to the expiration date of such policy shall constitute a material default under the terms of this Lease. All policies of insurance provided by Tenant may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Tenant. 7. Failure of Tenant to Insure. In the event Tenant shall fail to purchase and keep in force any of the insurance required of the Tenant, Landlord has the right to terminate the Lease. Landlord may, but shall not be required to, purchase and keep in force the same, in which event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with respect thereto, said payment to be made within ten (10) days after demand for such payment by the Landlord. 8. Insurance Risks. Tenant shall not do or permit to be done any act or thing upon the Lease Premises which would (a)jeopardize or be in conflict with fire insurance policies covering the Lease Premises and fixtures and property therein; (b) increase the rate of any insurance applicable to the Lease Premises to an amount higher than it otherwise would be for the typical use of the Lease Premises; or(c) subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Lease Premises. 7 1 P a g e VI. Responsibilities of Landlord. During the Lease term, Landlord shall be responsible for each and all of the following. A. Repair and maintenance of Lease Premises. Landlord shall repair and maintain the following portions of the Lease Premises: roof, foundation, windows, doors, interior and exterior walls, air conditioning, electrical, heating, ventilation, mechanical, plumbing systems, parking lots, walkways, driveways, landscaping, fences, signs, and utility installations, and all parts thereof, unless such maintenance or repair is required as a result, in whole or in part, of the act of, or neglect of any duty by, Tenant, its agents, servants, employees, or invitees, in which event Tenant shall pay to Landlord the reasonable cost of such maintenance or repairs within ten (10) days of Tenant's receipt of Landlord's itemized invoice therefor. B. Entry and inspection. Landlord, at all reasonable times, and at any time in case of emergency, may enter the Lease Premises for the purpose of inspection, cleaning, repairing, altering, maintaining or improving the Lease Premises, subject to Tenant's reasonable security requirements. C. Property insurance. Landlord shall maintain insurance on the Lease Premises. Such insurance may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Landlord. VII. GENERAL PROVISIONS. A. No agency; independent contractor. It is understood and agreed Tenant shall not be considered an agent of Landlord in any manner or for any purpose whatsoever in Tenant's use and occupancy of the Lease Premises. In all matters pertaining to this Lease, Tenant shall be acting as an independent contractor, and neither Tenant nor any officer, employee or agent of Tenant shall be deemed an employee of Landlord. Tenant shall have no authority or responsibility to exercise any rights or power vested in Landlord. B. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: If to Tenant: If to Landlord: Rooster's Tavern on the Green City Clerk, City of Meridian Attn: Ronda 33 East Broadway Avenue 2488 N. Turnberry Way Meridian, Idaho 83642 Meridian, ID 83646 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. C. Force Majeure. In the case of damage to the Lease Premises or decreased golf course use due to Force Majeure,Tenant shall immediately notify Landlord. "Force Majeure"shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of either Party, including acts of God, pandemic, fire, flood, vandalism, accident, governmental acts, threats to human health or safety,and other like events that are beyond the reasonable anticipation or control of Party affected thereby. If the Premises or Building are damaged by Force Majeure to such extent that they are rendered unusable or unsafe for use, Landlord may immediately 8 1 P a g e terminate this Lease. D. Default or breach; cure; termination. If Landlord deems termination to be in the best interest of Landlord, or if Tenant is in breach or default of any of the terms, covenants or conditions of this Agreement and Tenant fails or refuses to cure such breach or default, within fourteen (14) days of written notice of termination, this Agreement, and all rights of Tenant in and to Lease Premises, at Landlord's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Tenant's failure or refusal to cure as hereinbefore provided, Landlord may,upon three (3) days' notice, enter into and upon the premises,take possession thereof and expel Tenant therefrom,with or without process of law, and without being guilty of trespass, and without prejudice to any and all other rights and remedies Landlord may have. Tenant shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by Landlord in recovering the Lease Premises. The rights,privileges, elections and remedies of Landlord set forth in this Lease or allowed by law or equity are cumulative, and the enforcement by Landlord of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. E. No waiver. Landlord's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Lease shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy Landlord may have under this Agreement with respect to such subsequent default or breach by Tenant. The acceptance of any Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. F. Public venue. Tenant acknowledges that the Lease Premises are a public place. To this end, Tenant shall maintain the Lease Premises in such a manner as shall be appropriate for all ages, values, and sensibilities. Hosted activities, staff attire, decorations, signage, and entertainment shall not include language and/or behavior that is profane, obscene, violent, or discriminatory; shall not promote, foster, or perpetuate discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; shall not include defamatory or personal attacks, threats to any person or organization, or content that promotes, fosters, perpetuates, or incites conduct in violation of any federal, state or local law; content that violates a known legal ownership interest, such as a copyright, of any party; or any content that contains or perpetuates a message that Landlord deems to be inappropriate or not in the best interest of the City of Meridian. G. No obligation. By the granting of this lease, Landlord does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of the Lease Premises, including, but not limited to, rezone, variance, permitting, licensing, certification, environmental clearance, or any other action allowed or required by law or approved or directed by Meridian City Council. 9 1 P a g e H. Mediation. Any disputes between the Parties in connection with the rights and obligations under this Lease, shall be settled by mediation upon the request of any Party and the mutual agreement of both parties. Mediation shall be a required precursor to litigation filed regarding this Agreement. All costs associated with mediation shall be shared equally by the parties. I. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Premises. J. Attorney fees. Tenant shall be liable to Landlord for all damages and costs, including legal expenses and attorneys'fees, suffered or incurred by Landlord in the enforcement of any of the terms, covenants or conditions of this Agreement. K. Applicable law; nonappropriation. This Lease shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution.Tenant acknowledges that Landlord is a governmental entity, and the validity of this agreement is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this agreement to the contrary, Landlord's obligations under this Lease are subject to and dependent upon appropriations being made by Meridian City Council for such purpose. L. Compliance with laws. Throughout the course of this Agreement, Tenant and each and all of Tenant's employees, guests, invitees, and agents shall comply with any and all applicable federal, state, and local laws, including, without limitation, City of Meridian server training certification requirements. All practices, materials and equipment shall comply with all applicable provisions of the Federal Occupational Safety and Health Act, as well as any pertinent Federal, State and/or local safety or environmental codes. M. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. A. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No verbal or written inducements to execute this Lease have been made to Tenant. In entering into this Lease, Tenant relies upon no statement, fact, promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. This Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by further agreement in writing duly executed by the parties. O. City Council approval required. The validity of this Lease shall be expressly conditioned upon City Council action approving same. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly 101Page authorized officers to be effective as of the day and year first above written. TENANT: STATE OF IDAHO ) ROOSTER'S GOLF, LLC dba ROOSTER'S ) ss: TAVERN ON THE GREEN County of_Ade ) I HEREBY CERTIFY that on this —T— day of 2022, before the undersigned, a Notary Pdblic in the State of Idaho, personally appeared R nda DeGiorgio, resident Ronda DeGiorgio, proven to me to be the person who executed the said instrument,and acknowledged to me that 64990�64 he executed the same. •••• DEL �� 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first abov itten. i 30 s y � esidingat /L��jYlritlQ�'I , Idaho ••"•7•0a s Mi,�s••�••• My Commission Expires:_ _0!1a 4,420) . LANDLORD: Attest: CITY OF MERIDIAN t p` IDIAN Robert E. Simison, ayyor 5-18-2022 Chris John skin, City n,'."-18-2022 By Brad Hoaglun, Council President STATE OF IDAHO ) ):ss County of Ada ) Brad Hoaglun On this 18thday of May ,2022,before me,ca Notary Public,personally appeared Council President and cuncl Chris Johnson, know or identified to me to be the President ent 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. CHARLENE WAY Dqa&�-wM COMMISSION No. 67390 Notary Public for 10ho. an Meridi NOTARY PUBLIC Residing at ,Idaho STATE OF IDAHO My Commission Expires: 3-28-2028 LAKEVIEw GOLF CLUB RESTAURANT AND BAR LEASE AGREEMENT PAGE I I EXHIBIT A REQUEST FOR PROPOSALS AND TENANT' S RESPONSE 121Page PROCUREMENT DIVISION E IDIAN�' Keith Watts, Procurement Manager 33 East Broadway Ave., Ste. 106 Meridian, ID 83642 Phone: (208) 489-0328 Fax: (208) 887-4813 REQUEST FOR PROPOSALS RFP NO. PKS-2222-11236.d CONTRACT SPECIFICATIONS FOR: LAKEVIEW GOLF COURSE RESTAURANT CONCESSIONAIRE PROPOSALS MUST BE RECEIVED NO LATER THAN 4:00 P.M. MARCH 23, 2022 Proposals must be submitted through the City's Bonfire portal (https:/meridiancity.bonfirehub.com) prior to the due date and time On-Site Pre-Proposal Meeting March 9, 2022 10:00 AM Not Manadatory 4200 W Talamore Blvd. Meridian, Idaho PROJECT DESCRIPTION The City of Meridian, Idaho is seeking proposals from respondents to provide food service/catering services to operate the restaurant at Lakeview Municipal Golf Course (4200 W Talamore Blvd. Meridian, Idaho 83642). Page 1 of 2 QUESTIONS The Q&A period for this opportunity as stated in the attached starts February 27, 2022. The Q&A period for this opportunity ends March 14, 2022 12:00 PM MST. Questions must be submitted through the City's Bonfire website. You will not be able to send messages after the Q&A period. Your proposal submission must be uploaded, submitted, and finalized prior to the Closing Time listed above. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before Closing Time to begin the uploading process and to finalize your submission. ANTICIPATED PROJECT SCHEDULE The following is an outline of the anticipated schedule for the proposal review and contract award. Schedule is subject to change. February 27, 2022 Issue Request for Proposal (RFP) March 9, 2022 Pre-Proposal On-site Meeting March 14, 2022 12:00 PM Question Period Ends March 16, 2022 Addendum Issued (if needed) March 23, 2022 4:00 PM Proposals Due March 25-April 4, 2022 Evaluation Period April 8, 2022 Make Recommendation TBD NTP CITY'S REPRESENTATIVE Procurement Representative Sandra Ramirez, Buyer 33 E Broadway Ave. Ste. 106 Meridian, ID 83642 (208) 489-0416 Fax (208) 887-4813 sramirez(c meridiancity.orq Dated: 2/23/2022 CITY OF MERIDIAN Sandra Ramirez, Buyer FORMAL REQUEST FOR PROPOSALS GENERAL INFORMATION AND INSTRUCTIONS TO PROPOSER CITY OF MERIDIAN Meridian, Idaho 83642 PRE-PROPOSAL MEETING The Pre-Proposal meeting, if contemplated on the cover of this solicitation, will be conducted virtually (Teams). A link will be uploaded to the City's Bonfire website. DEFINITIONS, TERMS & CONDITIONS AND SPECIFICATIONS Additional Terms & Conditions — See separate document titled Sample Agreement COMMUNICATIONS The City will use the BonfireHub website (https://meridiancity.bonfirehub.com) for the following activities: • To post the RFP • To receive any questions or inquires • To issue any associated addenda • To post award notice (including value of award) To contact the Organization or ask questions in relation to this RFP, respondents must register through the City's public procurement portal at meridiancity.bonfirehub.com (the "Portal") and initiate the communication electronically through the Opportunity Q&A. The City will not accept any respondent's communications by any other means, except as specifically stated in this RFP. ADDENDA All new information to respondents by way of addenda. This RFP may be amended only by addendum in accordance with this section. If the City of Meridian, for any reason, determines that it is necessary to provide additional information relating to this RFP, such information will be communicated to all respondents by addendum posted on the City's public purchasing portal at meridiancity.bonfirehub.com. Each addendum forms an integral part of this RFP and may contain important information, including significant changes to this RFP. Respondents are responsible for obtaining all addenda issued by the City. BONDING AND INSURANCE A successful Proposer shall acquire and maintain, at his/her own expense, all insurance and bonds described in accordance with the City of Meridian Standard Contract document found included in this solicitation. CONDITIONS AFFECTING THE WORK Before submitting a proposal, each respondent must (1) examine the Request for Proposals documents thoroughly and satisfy themselves as to their sufficiency, and shall not at any time after submission of the Proposal, dispute such specifications and the directions explaining or interpreting them, (2) visit the site to familiarize themselves with the layout of the downtown and the concept plan site, (3) familiarize themselves with Federal, State and Local laws, ordinances, rules and regulations that may, in any manner, affect cost, progress or performance of the work; and (4) study and carefully correlate respondent's observations with the Request for Proposal's. Failure to do so will not relieve respondent from responsibility for estimating properly the difficulty or cost of successfully performing the work. The City will assume no responsibility for any understanding or representations concerning conditions made by any of it's officers or agents prior to the execution of the contract, unless included in the Request for Proposal's, or any addendum. AWARD OF CONTRACT DOCUMENTS Award will be made to the Proposer proposing the most advantageous and qualified proposal after considerations of all evaluation criteria set forth herein. The criteria are not listed in any order of preference. CITY will establish an evaluation committee. The committee will evaluate all proposals received in accordance with the evaluation criteria. The evaluation committee may also contact and evaluate the Proposer's and subcontractor's references (if any), contact any Proposer to clarify any response, contact any current users of an Proposer's services, solicit information from any available source concerning any aspect of a proposal, and seek and review any other information deemed pertinent to the evaluation process. CITY reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Evaluation scores will not be released until after notice of intent to award is issued. CITY shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of CITY after all factors have been evaluated. While CITY intends to enter a contract for these services, it will not be bound to do so. CITY reserves the right to reject any or all proposals. CITY shall be the sole judge of the successful offers hereunder. Proposers are advised that it is possible that an award may be made without discussion or any contact concerning the proposals received. Accordingly, proposals should contain the most favorable terms from a price and technical standpoint, which the vendor can submit to CITY. DO NOT ASSUME that you will be contacted or afforded an opportunity to clarify, discuss, or revise your proposal. Award will be by means of a written agreement with the successful Proposer. A Notification of Intent to Award may be sent to all Proposers. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure until an agreement is reached. If contract negotiations cannot be concluded successfully, CITY may negotiate with the next highest scoring Proposer or withdraw the RFP. 2 of 4 PROPOSER'S COST The Proposer will be responsible for all costs (including site visits where needed) incurred in preparing or responding to this RFP. All materials and documents submitted in response to the RFP become the property of the City and will not be returned. RIGHTS TO PERTINENT MATERIALS All responses, inquiries, and correspondence relating to the Request for Proposals and all reports, charts, coverage maps, displays, schedules, exhibits, and other documentation produced by the proposer that are submitted as part of the proposal shall become the property of the City after the submission deadline. PUBLIC RECORDS The City of Meridian is a public agency. All documents in its possession are public records. Proposals are public records and, except as noted below, will be available for inspection and copying by any person. If any Proposer claims any material to be exempt from disclosure under the Idaho Public Records Law, the Proposer will expressly agree to defend, indemnify and hold harmless the City from any claim or suit arising from the City's refusal to disclose any such material. No such claim of exemption will be valid or effective without such express agreement. The City will take reasonable efforts to protect any information marked "confidential" by the Proposer, to the extent permitted by the Idaho Public Records Law. Confidential information must be submitted in a separate envelope, sealed and marked "Confidential Information" and will be returned to the Proposer upon request after the award of the contract. It is understood, however, that the City will have no liability for disclosure of such information. Any proprietary or otherwise sensitive information contained in or with any Proposal is subject to potential disclosure. EVALUATION Before a contract will be awarded, the City may conduct reference investigations as is necessary to evaluate and determine the performance record and ability of the top ranked Proposer(s) to perform the size and type of work to be contracted, and to determine the quality of the service being offered. By submitting a proposal, you authorize the City to conduct reference investigations as needed. Proposals will be evaluated by a selection committee comprised of City of Meridian employees, and may include citizens of the City. PRESENTATIONS The City may choose to invite those respondents, which are determined to be best qualified, to make a presentation to the City. If it is determined that presentations will be required, an additional evaluation will be conducted and incorporated into the final scoring. Further information may be provided to the prospective respondents after the initial selection. FINANCIAL STATEMENT Proposers may be requested provide a current financial statement or the latest annual report. Proposers shall make a definitive statement regarding their financial ability to perform the requirements hereunder. 3 of 4 WARRANTY/ GUARANTEE Contractor delivering equipment / goods against this specification shall guarantee that the equipment / goods meet the minimum requirements set forth herein. If it is found that the equipment / goods delivered do not meet the minimum requirements of this specification, the Contractor will be required to correct the same at the Contractor's expense. BRAND NAME Brand names and numbers, when used, are for reference to indicate the character and quality desired. Contractors may offer comparable "EQUAL" products unless expressly prohibited herein. If necessary, the burden of proof and cost on analysis to determine equality shall be that of the Contractor. If proposing an "EQUAL", please state name of manufacturer, model, and part number, if applicable, and enclose descriptive literature. BONFIRE SUPPORT The City uses a Bonfire portal for accepting and evaluating proposals digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at https://bonfirehub.zendesk.com/hc 4of4 FORMAL REQUEST FOR PROPOSALS PROJECT SPECIFICS & SCOPE OF WORK CITY OF MERIDIAN Meridian, Idaho 83642 BACKGROUND / PURPOSE The City of Meridian is soliciting proposals from respondents to provide Restaurant Services at Lakeview Golf Course. The City owns the 18-hole Municipal Golf Course, which has averaged more than 32,000 rounds of golf per year plus 130 pass holders. In previous years the City has leased the operations of the Cafe at Lakeview. The Cafe has averaged approximately $500,000 in total revenues each year over the last three years. Lakeview Golf Course is located at 4200 W Talamore Blvd., Meridian, Idaho 83642. Lease term year is defined as January 1st through December 31st. Resulting contract shall in no way be constructed as creating an employer-employee relationship between the City and the contractor or between the City and those hired by the awardee. The City shall provide and pay for Water/Sewer, Pest Control and Fire Insurance on the building as well as contents owned by the City. City shall pay all other utilities with an exception of insurance on contractor owned equipment. The City provides majority of kitchen/dining room equipment needed to operate the facility. However, awardee may provide additional furniture and/or equipment needed to operate restaurant at their expense. Maintenance of said equipment will be the responsibility of the awardee. The City will at its own expense, keep in good condition and repair the building's roof, foundations, windows, doors and interior/exterior walls. Structural condition of interior bearing walls of the premises and air conditioning, electrical, steam, heating, ventilating, mechanical, plumbing systems and appliances. Parking lots, walkways, driveways, landscaping, fences, signs, and utility installations of common areas and all parts thereof are the responsibility of the City. The City shall provide and pay for the legal collection and disposal of all garbage and refuse generated by the operation. SCOPE OF SERVICES / SPECIFICATIONS Additional Requirements. Upon selection, the successful proposer must: • Have five (5) years' experience. • Be eligible and qualified to hold a Municipal Golf Course Restaurant Liquor License issued by the State of Idaho. • Agree to three (3) year lease term with two (2) one (1) year optional renewals. • Responsible for costs of installation of a telephone line and credit card machines and maintenance of land line installation (if applicable). • Accept credit/debit card payments. • Daily operation hours (November through March): 7:00 a.m. — 9:00 p.m. on weekdays and 6:00 a.m. — 10:00 p.m. on weekends and holidays, except as otherwise approved by the Parks and Recreation Director as mutually agreed upon. January, February and December months will have reduced hours. • Post hours of operation at several places on premises. On non-operational day(s) or early closure, conspicuous notice indicating closure must be presented. • Provide services during special events/tournaments. Such events will be communicated (dates/times) in advance. • Supply uniforms with vendor logo for all restaurant staff identifying as a restaurant employee. • Conform to rules and regulations issued by the City as well as any other agency regulating such establishments. • The Contractor at all times shall observe and comply with all Federal, State and City laws, bylaws, ordinances and regulations in any manner affecting the conduct of the work or applying to employees on the Project,as well as all order to decrees which have been promulgated and enacted, by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees or contract. • The Contractor shall register and obtain all licenses or permits that may be required in the execution of the contract, unless otherwise specified therein, including Business Tax Licenses. No contractor may commence work until such licenses or permits have been acquired by the contractor. Any applicable City of Meridian permit fees will be waived for this contract. All practices, materials and equipment shall comply with the Federal Occupational Safety and Health Act, as well as any pertinent Federal, State and/or Local Safety or Environmental Codes. • Pay all licenses/fees. • Allow inspections of all facilities by the City. • Serve alcoholic beverages and maintain a Dram shop (Liquor) Liability Policy to cover exposures from the sale of alcoholic beverages as approved by the City or any other agency regulating this matter. Obtain bonds necessary for serving alcoholic beverages (at cost to awardee). License cannot be transferred, removed or relinquished without the approval of the City. For any license suspension, revocation, or any other loss in excess of 30 days the contract shall be terminated. • Responsible for purchase and installation of a Point of Sale system for restaurant operations and maintain the title of such equipment. Responsible for maintenance and licensing fees of such equipment. • Responsible for purchase of all food, beverages, paper products, and supplies including but not limited to office supplies. • City consent/approval shall occur prior to posting signage on the premises or any other part of the any City facility. • With the exception of food/beverage carts located in the areas of the Common Area: o No sale of merchandise or displays outside of the defined exterior walls and permanent doorways of premises are allowed. • Install exterior lighting, amplifiers, or similar devices or use in or about the premises any advertising medium, which may be heard or seen outside the premises, such as flashing lights, searchlights, loudspeakers, phonographs, or radio broadcasts are not allowed. Window displays are not allowed without prior approval of the Parks and Recreation Director or their designee. • Properly pay taxes and license fees as required by any agency regulating the operation. • Agree to maintain an itemized menu to include pricing and display to the public o Menu changes and price increases must be approved by the Parks and Recreation Director or their designee each year. 2of5 • Agree to operate a City owned beverage cart on the golf course with days and hours to be mutually agreed upon. o Agree to not place any vending machines on the premises unless approved by the Parks and Recreation Director. • Agree to pay the City a percentage of no less than 2% of monthly gross receipts (sales tax and tips exempt). • Agree to provide the City income statements of all gross sales in March, June, September and December each year at month ending. • Provide food service and customer service training to restaurant employees. Employees must interact appropriately with members of the public as well as other Golf Course employees. • Comply with applicable federal, state and local laws and regulations regarding the following: o Employment, compensation and payment of personnel o Maintenance of unemployment insurance and worker's compensation insurance • Provide daily housekeeping, cleaning, preventative maintenance and sanitation service. Provide necessary commercial equipment and supplies for designated food service areas. • Maintain dining area cleanliness during hours of operation but not limited to production and serving areas, dining areas, tent areas, refrigerators, freezers and receiving and storage areas to include the following: o Set-up, tear down for both indoor/outdoor events o Trash removal o Wipe down tables (clean spills) o Maintain wall-to-wall carpeting / hardwood flooring in the restaurant GUIDELINES / CONTENT To be considered responsive, proposals should address all items identified in the below Submittal Requirements section. Please note: Some items require that the Proposer provide a detailed response and/or attachment. Failure to provide a complete response may be grounds for rejection of proposal. Furthermore, proposals should be prepared in such a way as to provide a straightforward and concise discussion of the Proposer's ability to provide the services that can best satisfy the requirements herein and the needs of CITY. Elaborate or unnecessarily lengthy documents are discouraged. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements and on completeness and clarity of content. In order to facilitate evaluation and comparison, proposals should be submitted in the format described in this section. Format instructions must be adhered to. All requirements and requests for information in the proposal must be responded to. All requested data must be supplied. Failure to comply with this requirement may be cause for rejection. SUBMITTAL REQUIREMENTS Provide separate documents for each criteria section. Letter of Introduction: Generally, describe your business experience. 3 of 5 Compensation Approach: Provide proposed lease payment to operate the restaurant business as described in this Request for Proposals. List as a percentage of gross sales. Past Performance and Experience: Describe the history of the company and the history of its specific involvement with food service. Provide information on company background, long-term viability, and experience with similar projects. Include any company affiliations to other corporate entities. Provide a list of any previous restaurant and/or concession contracts you may have held and a contact person. Proposed Menu and Pricing: Provide proposed product menu and pricing, including catering menu for special events and tournament package pricing. Facility Management and Improvement Approach Provide a list of proposed improvements and or amenities to improve the existing facility. List estimated costs and completion dates as requested recommendations for City completion. Personnel Qualifications Provide qualifications of personnel to include; organizational strengths, achievements and relevant experience. Provide a resume for the on-site management staff (if applicable). a. Explain experience and familiarity with the work specified, and the financial ability to prosecute properly the proposed work. Include the following without being limited to the following: 1. The contractor's performance record with listing of work of a similar character and proportions in restaurant operation and provide names and phone numbers of clients or operators. 2. An itemized list of the contractor's equipment available for use on the proposed contract. b. Provide an organizational chart outlining the chain of command and all employees. d. Quality Assurance: 1. Include a detailed description of procedures that will implement and employ for dealing with customer complaints, including actions that will be taken to assure that the same problems are not repeated. A plan for ongoing as well as periodic customer service monitoring. How would you intend to assure customer service monitoring? Marketing and Advertisement Strategies Describe marketing and advertising strategies that will be utilized for the restaurant. References Actively engaged in the type of work / service called for in the proposal. a. Provide a current reference to support active engagements and three (3) past references for relevant past performance information. All references shall complete the provided form. 4of5 BASIS FOR SELECTION This Request for Proposals will be evaluated utilizing the criteria listed below. History from the current and previous projects and customers of the respondent may be used to evaluate some of the criteria. a. Compensation Approach (as a percentage) (10 Points) b. Past Performance and Experience (30 Points) C. Proposed Menu and Pricing (10 Points) d. Facility Management and Improvement Approach (10 Points) e. Personnel Qualifications (20 Points) f. Marketing and Advertisement Strategies (10 points) g. References (10 points) BONFIRE SUPPORT The City uses a Bonfire portal for accepting and evaluating proposals digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at https://bonfirehub.zendesk.com/hc 5 of 5 Ronda DeGiorgio 10753 W Mossywood Dr. Boise, Idaho 83709 208-74-4733 ronda@roosterseateryboise.com 7th of March 2022 Sandra Ramirez, Buyer City of Meridian 33 E Broadway Ave. Ste 106 Meridian, Idaho 83642 Dear Ms. Ramirez, When I was a young girl my parents would run several concession stands for my siblings and my sports and youth groups. I can remember helping my mom buy supplies,talk with vendors and hand make all the menu boards. My parents were great cooks too. I was always in the kitchen watching and helping. It was at this young age, I realized, I too enjoyed cooking, organizing and pleasing my customers. In the year of 1981, 1 became Idaho State President of The Future Homemakers of America. I traveled the country and state teaching my peers sewing, cooking, parliament procedures, how to give a speech,team building and much more. I still use all these skills myself. I decided my future was going to be a Home Economist After I graduated I worked for Payette Parks and Recreation as an office manager, referee, umpire and set up the concession stands. I decided to go to BSU in 1985, but it only lasted a year. I had become too independent and I just loved to work. So this is when I started working at the first restaurant that I ended up buying. Since then I have owned and operated El Gringo, El Zocalo, Rooster's Eatery and Catering and Rooster's Foodservice. I also built a Mexican food trailer that we take to the Western Idaho Fair, Boise Art In The Park and once upon a time the Boise River Festival. It is for these reasons that I would like to continue my journey with operating the Lakeview Golf Course Restaurant Bar and Grill. I have a passion for customers,food and creativity. I believe my skills would benefit the overall atmosphere, food and character of the neighbors hidden gem...Lakeview Bar and Grill. Sincerely, Ronda DeGiorgio 241Page • & CATERING Compensation Approach The yearly sales number that has been given out is approximately $500,000 for bar and restaurant. I will base the following on this number. believe that the compensation to Meridian City should be based off the net sales, monthly, to be due by the end of the following month. As far as what percentage of should be paid I am asking that we start with 2% of the net sales. As we progress and see what the real sales(non- covid) look like I would be willing to negotiate further. Of course, this would depend on other areas of the contract also. Example: $41,666.67 Average monthly sales $ 39,308.18 After sales tax removed ($2358.49) $ 786.16 Meridian City Rent for the Month believe that I can grow the sales in many ways and have a better profit margin once I could run the bar and restaurant. I will elaborate on as we proceed in application process. 251 Past Performances and Experience 2010 to present Managed the State of Idaho Capitol Dining Room 2005 to present Owned Rooster's Eatery and Catering 2015 to present Contract to Manage T-Mobile Call Center Cafe 2021 to present Contract to Manage Lakeview Golf Course Restaurant 1992 to present operate food booth at Western Idaho Fair, Art In The Park. 1995 to 2007 Owned El Gringo Mexican Food in Boise 1996 to 1998 Owned El Zocalo Mexican Food in Meridian Other services provided for Firebird Raceway, Canyon County Fair, BLM Fire Services, Boise River Festival, and others. 261 Proposed Menu and Pricing Appetizers Charcuterie Board for two-2 cheeses, dried meats, bread,jams or honey, candied nuts $13.99 Mini Corn Dog Basket- 10 mini corn dogs served with mustard $6.99 Homemade Tortilla Chips and Salsa-*house made chips and *salsa $5.99 Wing Dings-Market Price Grilled Chicken Quesadilla-melted cheese, grilled chicken, red onion, cilantro, *salsa and sour cream $9.99 Salads -choice of dressings *ranch, *bleu cheese, *1000, honey mustard, *Italian, raspberry vinaigrette, Chicken Caesar Salad -Crispy Romaine lettuce, parmesan cheese, grilled chicken, and homemade croutons. $10.99 BBQ Chicken Ranch Salad-Crispy Romaine lettuce topped with shredded cheese, tomatoes, red onion, tortilla strips, corn, black beans, grilled chicken with stripes of BBQ and ranch dressing. $10.99 Tri tip Salad-Juicy beer marinated tri tip on a bed of romaine with shredded cheddar cheese, olives, tomatoes, red onions, cucumber, and garlic croutons. $11.99 House Salad — Romaine lettuce topped with red onions, olives, parmesan cheese, diced tomatoes, and croutons. $6.99 Specialty Pito"s-choice of chips, tots, fries, or salad. Onions rings for $1.79 House Marinated Tri Tip Pita -grilled tri tip and onions with melted crumbled bleu cheese or Swiss cheese on top of a soft, warmed pita $10.99 Turkey Bacon Pita- we layer on lettuce, Swiss cheese, tomato, *house ranch, with a pile of turkey and bacon. $9.99 BLTA-3 pieces of Daily's bacon layered in with the tomatoes, avocado, and lettuce on a warmed pita with mayo. $10.49 271Page Charbroiled Chicken, Burger's, and Dogs-choice of chips, tots, fries, or salad. Onions rings for $1.79 Charbroiled Chicken Sandwich-5 oz chicken breast cooked to a tender juiciness, topped with pickles, red onion, tomato, and lettuce. $10.49 Add cheese $11.49 Add Bacon and Cheese $12.99 lb. Angus Chuck Burger- Charbroiled to a nice pink center, topped with pickles, red onion, tomato, and lettuce served on a toasted bun. Add cheese $12.29 Add Bacon and Cheese $13.99 Hot Dog-All beef dog lightly charred on a toasted bun with onions upon request. $6.99 Grilled and Cold Sandwiches- choice of chips, tots, fries, or salad. Onions rings for $1.79 Boise's Best Reuben-thinly sliced corned beef served on a marbled rye bread with a *house made garlic mayo, 2 slices of melted Swiss cheese and toasted to perfection. $11.99 Grilled Tuna-Grilled Albacore tuna layered between honey oat bread and melted Swiss cheese $10.49 Try it as a cold sandwich or on a salad. BLT- Smokey Daily's Bacon layered between our sourdough or honey oat bread, with lettuce and tomato. $10.49 Add avocado $1.00 Adult Grilled Cheese-2 slices of cheddar cheese and Swiss cheese melted on our sour dough bread. $8.49 Add Ham or Turkey 11.49 That's a Wrap-Garden Veggie Wrap with mayo turkey or ham with lettuce, tomato, and cheese. $10.49 House favorites- Chicken Strip Basket -deep fried to a golden tan served with ranch, honey mustard or BBQ, and choice of side. $9.99 Street Tacos- grilled diced carne asada or grilled chicken on three flour shells and topped with lime, red onion, tomato, cilantro and creama. Served with *house made chips. $12.99 281Page FACILITY MANAGEMENT AND IMPROVEMENT APPROACH 1. The dining room and bar area needs a fresh look. o The table and chairs are worn, heavy and in need of repair. Chairs $65 each/Tables $200-$275 o The paint is different colors throughout and dirty looking. White paint and painter$3500 o The lightening could use updated. $1000 o The carpet is hard to keep clean with all the grass and mud tracked in. Hardwoods with go with an update and keep room cleaner. $3000 2. The kitchen needs a couple of pieces of equimpent o The oven cooks very uneven and takes a long time to cook anything. This has been looked at but they say it is fine. $Find a used one. o A emmersion blender is need for mixing soups and sauces. $170 o A air conditioner or ventilation system. Hotest kitchen I have ever been in. Unknown, we need to see what can be done $. o Smallware's such as utensils, plates and forks and knifes. $500 maybe o A steam table small 2-3 compartment would help us put food out faster. $800 3. The kitchen/snack bar area could use an overhall (Dream list cost unknown) o I would like to see an extension of the kitchen to the walkin cooler. o This would allow for more prep room, a better flow and capacity to serve more people. o Self server pop machine. o Move the freezer downstairs upstairs. o Take out house like shelving in the kitchen currently and replace with wire shelving. 4. The patio ambience o Heaters and a covering for the patio $175 each for heaters. Covering$need bid o The outside patio window sinage, to be used to serve from it. $100 o Landscaping with hanging flowers and pots with auto watering system. $300-400 o Indoor/Outdoor seating in the winter. (Dream Item cost unknown) o Two Rubbermaid carts to set dishes in for waitstaff. $200 each 291Page Personnel Qualifications Management Chart and duties 5. Operating Managers- Ronda DeGiorgio and Anthony DeGiorgio will be responsible for all financials (with accountant), day to day operations, ordering food supplies, hiring and firing, training of kitchen and bar staff. 6. Bar Manager-Rachel will be responsible for all ordering of the bar, works with vendors, trains bar staff and inventory. o Wait Staff-responsible for providing quality service in a timely manner, creating a quest experience that keeps customers coming back. Cleaning of the dining room and patio. Currently, I have 7. o Bus person/Host-responsible for assisting the wait staff in quick manner clearing tables, seating customers and telling them the specials and clean up. Currently looking for someone to start late April. o Bar Cart Person-responsible for driving a bar cart in a responsible manner selling drinks and goodies along the way. They are responsible for stocking and closing cart for the day. Currently I have 3 people to work it when the new cart arrives. 301 3. Head Cook-this position will eventually do the ordering, catering, cooking and training kitchen staff. Currently training 3. a. Dishwashers- will work under the cook washing, cleaning and putting away the dishes. Also, assist the cook with orders. Currently I have 2 and one coming on in April. Performance Record 1. Owned and Operated Rooster's Eatery and Catering from August 2005-present. Located at 9048 W. Emerald St., Boise, Idaho. 208-794-4733 2. Owner of Rooster's Food Service LLC from 2015-present. This is the T Mobile call center cafeteria. I operate the kitchen from 7-4, Monday thru Friday. 3. Western Idaho Fair and the Art In The Park Events that we participate in each summer. I have done this since 1992. We sell Mexican Food. 4. El Gringo Restaurant I previously owned from 1995-2007. 5. Operate the Idaho State Capitol Dining Room from 2010-present. We do this during the Legislative session, January to March. 6. Other events involved throughout the years, Boise River Festival, Hyde Park , Soccer tournaments, YMCA swim meets, Mccall Winter Carnival and food vendor for Plexus. 311Page Contractor's Equipment 1. 6 foot Propane BBQ 2. Pizza oven for outdoors 3. Deli Refrigerator for special events 4. Miscellaneous smallware and catering equipment QUALITY ASSURANCE 1. Employee training would be often. We will train staff to follow a guideline for handling a complaint, how to handle a complaint and when to pass the complaint on. a. They should always take a complaint as an opportunity to improve. Address the customer with a smile, a face of concern and a way to fix the problem. 1. What is the problem? Can you fix it? Is the customer unhappy? Refer to another staff member if you believe it is just a personlality conflict. 2. Do you need a manager to visit with customers? 2. Customers Service Monitoring a. Secret Shoppers b. Employee Feedback c. Observation from management and Pro Shop LAKEVIEW GOLF CLUB RESTAURANT AND BAR LEASE AGREEMENT 321Page Marketing and Advertising Strategies 1 . Neighborhood mailers 2. Email contacts 3. Rooster's Eatery Social Media Blasts, Kemper Sports Social Blasts 4. Flyers in house 5. Special Events- wine tasting, Pot Planting classes, Bingo, Kareoke, Paint classes, Craft Classes and more. 6. In house guest relations. Greeting customers. Management sweeping the room and engaging in conversation with customers. 7. Customer recognition for doing something outstanding, or newsworthy. Build a board, contact the media, post on our media sources LAKEVIEW GOLF CLUB RESTAURANT AND BAR LEASE AGREEMENT 33 Page Kerri La Fever T-Mobile Meridian ID Kerri.lafever@t-mobile.com 208-250-2598 March 22, 2022 To Whom It May Concern: I am writing this letter of recommendation on behalf of Ronda DeGiorgio, Roosters Eatery. I have had the pleasure of working alongside Ronda and her staff since the fall of 2015. They always have taken great care of the Call Center at T-Mobile;working to accommodate approximately 600 employees from morning to night. They have worked hard at keeping subsidy down while ensuring quality products from kitchen and barista counter. Their customer service has been phenomenal over the years; so much that we think of her staff as our T-Mobile family. I would highly recommend Ronda and her staff to anyone looking for a partnership to expand their business upon. Feel free to contact me should you have any questions or concerns. Sincerely, Kerri La Fever Facilities Manager T-Mobile LAKEVIEW GOLF CLUB RESTAURANT AND BAR LEASE AGREEMENT 341Page References Terri Kondeff, Director, Legislative Services Office, 208-334-4828,TKondeff(@Iso.idaho.gov Michelle O'Brien, Special Projects Coordinator, 208-344-4850, MObrien(@Iso.idaho.gov 3. Kerry, T Mobile Call Center,208-250-2598 Diane Sinner,Fair Director,Canyon County Fair,208-614-5067, dsinner(@canyonco.orq Becca Simonis, Event Coordinator, Western Idaho Fair/Expo Idaho, 208-866-3679, rsimonis@expoidaho.com o. Lonna Breshears, Business Manager, Expo Idaho, Ibreashears@expoidaho.com 7. Ray Westmoreland, Recorder,Shriners,208-371 -3833, rwest1947@gmail.com LAKEVIEW GOLF CLUB RESTAURANT AND BAR LEASE AGREEMENT 35 Page EXHIBIT B PAY SCHEDULE A. Amount. Tenant pay Rent to the Landlord in the amount of two percent(2%) of annual gross receipts from January 1 to December 31 of the previous year. B. When due. Tenant shall pay Rent for the previous year to the Landlord by 5:00 p.m. on January 31 of each year. C. Late payment. In the event the Tenant fails to pay said compensation in full on or before the due date, Tenant shall also pay a late payment penalty of fifty dollars ($50.00). Interest shall accrue at a rate of eighteen percent (18%)per annum on any amounts not paid when due. D. Payment. All payments shall be paid to the City of Meridian, and mailed or delivered to the Meridian Finance Department, 33 E. Broadway Avenue,Meridian, Idaho 83642. E. Gross sales statements. In March, June, September, and December, Tenant shall submit an income statement showing all gross sales totals since the previous September 1. By November 1 of each year, Tenant shall also submit to a written statement, signed by Tenant and certified to be accurate by a certified public accountant, showing in detail the amount of gross income of the preceding August 31 to September 1. F. Bookkeeping. Tenant shall keep a full and accurate set of books, adequately showing gross receipts received during each month for all operations associated with this Lease and shall, with reasonable notice, allow Landlord to inspect said books and receipt records. LAKEviEw GOLF CLUB RESTAURANT AND BAR LEASE AGREEMENT PAGE 36 EXHIBIT C LANDLORD' S FIXTURES AND APPLIANCES Waitstaff galley & Dining room Kitchen 1 4ft prep table 1 hot dog warmer 3 5ft prep tables 1 hot dog bun warmer 2 2ft prep tables 1 5ft stainless steel prep table 1 rack cart on wheels 7 6ft supply storage racks 1 3 compartment sink 1 industrial supply storage rack 1 slow cooker 1 ice cream freezer 1 dishwasher 5 televisions 1 2 door upright freezer 3 high chairs 1 handwashing sink 15 4 top tables 1 3ft lower prep table 2 2 top tables 1 meat slicer 4 high bar tables 2 commercial fryers 26 bar stools 1 1.5 char broiler 30 chairs 1 2 burner gas stove 1 POS system with printer 1 3ft grill/oven combo 1 printer 1 toaster 1 small microwave 1 blender 1 cuisine art food processor Mop Room 1 kitchen aid mixer 1 medium ice machine 2 5ft sandwich prep tables 1 mop sink 1 food warmer 1 6ft storage rack 1 heat lamp Bar Downstairs Storage 1 6ft true cooler 1 3 door upright freezer 1 2ft beverage well 1 chest freezer 1 dishwasher 2 small bar sinks and wells 1 POS system with printer 4 IPADS —connect to POS 1 2ft ice machine 1 3ft top load cooler 1 3 door keg cooler 1 2 door keg cooler LAKEviEw GOLF CLUB RESTAURANT AND BAR LEASE AGREEMENT PAGE 37 Item#16. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 22-2327: A Resolution Approving a Lease Agreement between the City of Meridian and Rooster's Golf, LLC dba Rooster's Tavern on the Green for Lease of Restaurant and Bar at Lakeview Golf Club, located 4200 W. Talamore Blvd., in Meridian, Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date Page 291 CITY OF MERIDIAN RESOLUTION NO. 22-2327 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND ROOSTER'S GOLF, LLC dba ROOSTER'S TAVERN ON THE GREEN FOR LEASE OF RESTAURANT AND BAR AT LAKEVIEW GOLF CLUB, LOCATED AT 4200 W. TALAMORE BOULEVARD, IN MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Meridian owns or controls Lakeview Golf Club, located at 4200 W. Talamore Boulevard, in Meridian, Idaho, which includes a restaurant and bar(hereinafter "Lease Premises"); WHEREAS,the City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which, in the judgment of City Council, the City deems to be in the public interest; WHEREAS,the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to ROOSTER'S GOLF, LLC dba ROOSTER'S TAVERN ON THE GREEN ("Tenant") serves the public interest, and further finds that the Lease Premises are not otherwise needed for City purposes; WHEREAS,pursuant to Idaho Code section 50-1407, the mayor and council hereby authorize the lease of Lease Premises to Tenant,pursuant to the terms and conditions of the Lease Agreement for Lakeview Golf Club Restaurant and Bar between the City of Meridian and Tenant, entered into contemporaneously herewith; NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO AS FOLLOWS: Section 1. That the terms of the Lease Agreement for Lakeview Golf Club Restaurant and Bar between the City of Meridian and Tenant, entered into contemporaneously herewith, are just and equitable, and the same is hereby approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Lease for and on behalf of the City of Meridian. Section 3. 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 18th day of May , 2022. RESOLUTION FOR APPROVAL OF LEASE AGREEMENT FOR LAKEVIEw GOLF CLUB RESTAURANT AND BAR PAGE 1 APPROVED by the Mayor of the City of Meridian, Idaho, this 18th day of May , 2022. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk RESOLUTION FOR APPROVAL OF LEASE AGREEMENT Page 293 FOR LAKEVIEW GOLF CLUB RESTAURANT AND BAR PAGE 2 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Information Technology: Addition to Base Budget for Annual Orthophoto Acquisition Cost Share Page 294 Item#17. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Doug Green, GIS Manager Meeting Date: May 18, 2022 Presenter: Doug Green Estimated Time: 1S min Topic: Information Technology: Yearly Orthophoto Acquisition Base Budget Addition Recommended Council Action: [What you Request Council Do] Background: For at least 15 years, the City has obtained its orthophoto (aerial photography used in mapping software) through the Community Planning Association of Southwest Idaho (COMPASS) as a pool-funded project. Each project has a "Mobilization Fee" that is substantial and this is split by all participating agencies — providing cost savings to the City. This has provided updated imagery approximately every 3 years. This imagery is used in almost all of our maps for planning, utility and land development operations, analysis, and visual reference. With the rapid growth in our City, COMPASS has had multiple requests to acquire this imagery more often. At the same time, state requirements and procedure changes have made this process more detailed and labor intensive. COMPASS staff could not feasibly perform the process to request proposals and evaluate them more often then once every 3 years. They identified a way to acquire imagery yearly by requesting the proposal for multi-year acquisition. What this means is that they have received and selected a proposal that would provide new imagery for 6 years (2022 - 2027). This does represent an increased cost as we previously budgeted for this every 3 years. However, it does provide something that has been a need for our staff and others throughout the valley due to the high rate of growth and development. We had already budgeted for the imagery this year in anticipation of participating in a previously scheduled acquisition. This memo is to inform the City Council of the addition a $7,000 base budget item to the Information Technology budget for the purpose of contributing to the COMPASS yearly orthophoto acquisition. This is not our full share based on the area we would receive. Therefore, COMPASS is covering the remainder of the amount they calculated as our share, which is —$9,000. Page 295 Orthophoto BASE BUDGET ADDITION Acquisition Annual Orthophoto Acquisition not our full share, COMPASS supplementing funding on our behalf$7,000 / YearOne of fastest growing/changing Cities in America (US Census)updatesMeets needs expressed by City Staff for more frequent Imagery Eliminates the need for RFQ/RFP every 3 years2027)-Includes agreement for the next 6 years (2022yearsDecision to acquire new orthophotography yearly instead of every 3  Orthophoto Acquisition & Processing Item#18. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Community Center Feasibility Update Page 296 Item#18. Mayor Robert E. Simison IDIAN�� City Council Members: Treg Bernt Brad Hoaglun ME11 Joe Borton Jessica Perreault d A H 0 Luke Cavener Liz Strader May 11, 2022 MEMORANDUM TO: Mayor Robert Simison and City Council FROM: Steve Siddoway, Parks & Recreation Director RE: Community Center Feasibility Update Background Next week, on May 18-19, our consultants from BerryDunn (aka GreenPlay) will be back in town for the next steps of the Parks& Recreation Master Plan process. While they are in town,we would like to give the City Council an update about progress on the draft concepts for the Community Center. This update will be based on the feedback received from the Mayor and City Council during our interviews approximately a month ago. There will be a concept for the site next to City Hall in downtown, one for the site adjacent to the Parks Shop and one generic site plan for a future location TBD. After we have direction on the concepts (mix of uses, room types, etc.)future work will begin on the cost estimates and the more detailed tasks of the feasibility study. This presentation is an interim check-in to make sure we are on the right track before proceeding any further. Proposal No formal action is needed at this time. We will be looking for general direction from the Council if you are comfortable with the draft concept plans moving forward to a future public meeting for additional feedback from the public. Page 297 1 Findings Presentation Date and Time TBD Community Center Feasibility Study 1 2 Purpose of This Study identified in the 2022 Parks and Recreation Master Plan update.related program needs -of the community, support current and growthto meet the expectations necessary building elementsdetermining the The study will assist the Meridian Parks & Recreation Department in for the project. potential phasing options center. The study also explores the costs of operating , and summarized the potential cost recoveryassociated with building the center, determined the construction costsprojected range of a new proposed community center, determined a for appropriate mix of programs and amenities This study looked at the 2 3 Community Center Feasibility Study phase. as the project moves to the actual design later in the processThe actual designs and specific amenities and their sizes come design absolutes. does not have As a planning document, a Feasibility Study and activation of a community center. to be made in the development many considerations There are 4 Expansion potential/phasing options•Sustainable•recreation and wellnessOpportunity to explore•Family focused•Cost effective •Community destination•ages and abilities (inclusivity)Designed for all •Community Center Vision 5 Possibly an area to display art or an Art Gallery.•Possibly Parks and Recreation Department office space.•A reception area for registering for programs and obtaining information.•A demonstration/warming kitchen / space for food trucks / vending space for other onsite food & beverage sales.•Outdoor patio space(s) off the meeting rooms.•A large meeting room which can be divided into multiple sections.•An arts and crafts room.•A large multipurpose activity space for health and wellness activities.•Potential amenities:other purposes.Public locations where members of a community gather for group activities, social support, public information, and •A building or group of buildings for a community's educational and recreational activities.•A place where people from our community can meet for social, educational, or recreational activities.•Community Centersreducing reliance on healthcare and other costly social services.environment. By creating a positive atmosphere, these facilities become essential to personal health and wellness, thereby A community center's main purpose should be to provide opportunities for active living and recreation in a safe, inclusive Meridian’s Draft Community Center Definition 6 Well Thought Out, Yet Flexible 6 7 690 Needs assessment surveys completed•Parks & Recreation Commission Briefing•Staff interviews and SWOT Workshop•Interviews with 10 elected officials and stakeholders•6 focus groups consisting of 39 participants•18, 2021-On site November 16•Public Engagement included:Public Engagement 8 Future needs for indoor and outdoor facilities are similar across survey years. Indoor Facilities-Future Needs 9space, and fitness/wellness space. see at the new community center, with the top priorities being an outdoor plaza/activity space, indoor activity/event The Invite sample and the Open link sample are mostly in agreement of which types of amenities they would like to Amenities at new Community Center Outdoor plaza/Activity space Indoor activity/Event space Fitness/Wellness space Community education classrooms Drop-in activity zone/Game room (Pool, foosball, Wifi, etc.) Community meeting space/Conference rooms Arts and crafts room Instructional/demonstration kitchen Dance/Yoga room Performance space Art display gallery Other n= 10interested in community education classes.cater to different ages (children, teens, adults and seniors). Open link respondents are comparatively more Invite respondents would like to see a variety of programs and services offered at the new community center that Programs and Services at New Community Center Programs for children Programs for seniors Community education classes (Life skills, cooking, etc.) Programs for teens Health and wellness classes (Yoga, martial arts, etc.) Programs for adults Visual arts (Painting, pottery, photography, etc.) Performing arts (Dance, theater, etc.) Community meetings (Businesses, HOAs, etc.) Community theater performances Other n= 11 hink long termT•Other comments City Hall, Park Shop Property, generic-oncepts C•Locationart gallery, not separateIntegrated •go (i.e. “must have” vs. “must not have”) items from your perspective?-What are your go/no7,000 sq. ft. minimum20,000 sq. ft., 1-+/•15 million range-•level project budget?-What are your thoughts on a high5,000 sg. Ft. dividable-Flexible 4,000 •onference roomC•3 classrooms-2•itchenInstructional k•itness/wellness roomF•rt/crafts roomA•Parks & Recreation programs are the priority•What are your preferred spaces for the Community Center?Recurring Themes Interviews with Council 12 All three locations are anticipated to operate in a similar fashion.site parking-Both have onBoth one story structureThe Park Shop and Generic Location concepts have the following differences:Two story structure per City Building CodeThe City Hall concept has the following differences:Turf/event space adjacentGeneral storageFacility support spacesInstructional kitchenOffices and workstationsFitness/wellness spaceConference roomspurpose classrooms-Multidividable flex room-SubArts & crafts roomMain lobbyEach concept contains similar elements:site TBD–Generic location Park Shop locationCity Hall locationLocation options:Initial Concepts Developed 13 14 15 16 Well Thought Out, Yet Flexible 16 17 Principal Landscape Architect jbreckon@breckonld.com5153 x101 -376-Direct: 208Jon Breckon, ASLA, CLARBProject Manager/ConsultantTom.diehl@berrydunn.com6994-833-Direct (mobile): 804Tom Diehl, CPRP ManagerArt.thatcher@berrydunn.com3103 -592-Direct (mobile): 757Art Thatcher, MPA, CPRP Thank You For Your Time & Consideration! E IDIAN;--- AGENDA ITEM ITEM TOPIC: DEPARTMENT/COMMISSION REPORTS (Action Item) Page 4 /"\ RENT Low Income Housing Tax Credit Financing affordable housing in Idaho 0`, Idaho Housing and Finance Association Leverage Projects will outline the importance of local, state, and federal partners for development of housing . Tax Credits Created in 1986 — largest source to produce new affordable housing Estimated 100,000 new units are produced annually. Tax credits are provided to each State based on population . Tax Credits 9% Tax Credits — raises about 70% of the development cost 4% Tax Credits — raise about 30% of the development cost Projects have a least a 30-year restriction period . -2�F- Caldwell,Las Brisas • , • Overview • Affordable senior housing • 48 total units 5 *� 4r (40 affordable and 8 market) w rs Las BrisasCaldwell, Idaho Total Development Cost: $9,394,141 Source of Funds: -"�61 M&M Permanent Debt $1,500,000 Subordinate Debt (HOME) $1,000,000 Tax Credit Equity $6,191,681 Land Donation $240,000 Nonprofit Contribution $190,000 CDBG Loan $20,000 Developer Contribution $252,460 Las Brisas # Caldwell, Idaho Amenity Package • Air conditioning • Washers and dryers • Playground • Laundry facility • Carports • Community center and exercise room - Ito -� The Springs McCall, Idaho Overview • Affordable family housing • 36 total units _- c �. (32 affordable and 4 market) z The Springs 11 * McCall, Idaho Total Development Cost: $7,328,380 Source of Funds: M USDA 538 Permanent Loan $1,350,000 Tax Credit Equity $5,678,380 Land Donation (Valley County) $300,000 b The Springs 11 * McCall, Idaho Amenity Package • High-efficiency heating and cooling • Refrigerators and electric ranges • Playground • Laundry facility • Carports • Community center and exercise room • Community gazebo T Adare Manor • Boise, Idaho Overview Affordable family housing for 60% AM I o134 units (120 affordable, r less Downtown location v 13 market, 1 manager) ..... +I I �`. ■rid I AdareManor Boise, Idaho Total Development Cost: $28,728,490 Tax Credit Equity $11,185,430 Subordinate Debt (IHFA & City of Boise $2,300,000 HOME ) IHFA Tax-Exempt Bond $1,200,000 Permanent Loan $9,250,000 City of Boise Contributions $594,000 City of Boise Land Value $1,499,060 Local Development District Grant $720,000 NOI During Lease-Up $330,000 Developer Contribution $1,650,000 Adare Manor Boise, Idaho Amenity Package • High-efficiency heating and cooling • Efficient appliances • Playground • Laundry facilities • Fitness center • Community center • Business center • Picnic area New Path Community Housing Boise, Idaho Overview ,. . • Permanent supportive . ..... housing for chronically - homeless States only Housing First = Y development , • 40 total units Y New Path Community • • Boise, Idaho Total Development Cost: $7,984,444 Source of Funds: Tax Credit Equity $5,833,047 Subordinate Debt (HOME) $500,000 Land Donation $1,000,000 Deferred Costs $1,397 Local Development District Grant $150,000 FH LB AH P $500,000 New Path Community Housing * Boise, Idaho Amenity Package • On-site social services • On-site medical services • Career / education center • Laundry facility • Exercise room • Community center