2022-06-07 Work Session
CITY COUNCIL WORK SESSION
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, June 07, 2022 at 4:30 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilwoman Liz Strader
Councilman Treg Bernt
Councilwoman Jessica Perreault
Councilman Luke Cavener
Councilman Brad Hoaglun
Mayor Robert E. Simison
ABSENT
Councilman Joe Borton
ADOPTION OF AGENDA Adopted
CONSENT AGENDA \[Action Item\] Approved
Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener.
Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman
Cavener, Councilman Hoaglun
1. Approve Minutes of the May 18, 2022 City Council Work Session
2. Approve Minutes of the May 18, 2022 City Council Regular Meeting
3. Approve Minutes of the May 24, 2022 City Council Work Session
4. Approve Minutes of the May 24, 2022 City Council Regular Meeting
5. Graycliff Estates Subdivision No. 2 Pedestrian Pathway Easement
6. The Landing Subdivision No. 13 Water Main Easement
7. Final Order for Aviator Spring Subdivision (FP-2022-0013) by The Land Group,
Inc., Located at 3235 N. McDermott Rd.
8. Final Order 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.
9. Findings of Fact, Conclusions of Law for McCrea Meadow (SHP-2021-0006) by
Russell McCrea, Located at 1028 NE 3rd St.
10. Findings of Fact, Conclusions of Law for Pavilion at Windsong (H-2021-0102) by
Kent Brown, Located at the Northwest Corner of W. Ustick Rd. and N. Linder Rd.
11. Findings of Fact, Conclusions of Law for Records Apartments Council Review (CR-
2022-0004) by Brighton Development, Inc., Located at the northeast corner of N.
Records Way and E. Fairview Ave.
12. Findings of Fact, Conclusions of Law for Timberline North (Timberline Sub. No. 2)
(H-2022-0024) by Riley Planning Services, LLC, Located at 655 and 735 W. Victory
Rd.
13. Agreement for Construction and Joint Use of Pickleball Facility at Kleiner Park
Between BVBC Cadence Village, LLC and the City of Meridian
14. Memorandum of Agreement Between the City of Meridian and Meridian Dairy &
Stock Shows, Inc. for Meridian Dairy Days
15. Equipment Purchase Agreement with Kurita American for Well 26 Filter
Equipment for the Not-To-Exceed Amount of $953,566.00
16. Payment Processing Agreement Between CSG Forte Payments, Inc. and the City of
Meridian
17. Resolution 22-2330: A Resolution of The City Council of The City Of Meridian
Setting Forth Findings and Purposes to Declare Surplus Property and Authorizing
the Meridian Parks & Recreation Director to Donate Used Playground Equipment
to Food For The Poor, Inc.
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
DEPARTMENT / COMMISSION REPORTS \[Action Item\]
18. Public Works Week Proclamation
19. Wood Rose Apartments: Potential Housing Partnership
20. Police Department: Idaho Humane Society Contract Updates
21. Police Department/Attorney's Office: Proposed Updates to Animal Impoundment
Fees Vacated from Agenda
22. Police Department: Proposed Ordinance related to Public Intoxication (Potential
Meridian City Code 6-3-4) Vacated from Agenda
EXECUTIVE SESSION
23. Per Idaho Code Section 74-206(1)(d): To consider records that are exempt from
disclosure as provided in chapter 1, title 74, Idaho Code
Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman
Cavener.
Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman
Cavener, Councilman Hoaglun
In to executive session: 5:44 p.m.
Out of executive session: 6:06 p.m.
ADJOURNMENT 6:06 p.m.
Meridian City Council Work Session June 7, 2022.
A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, June
7, 2022, by Mayor Robert Simison.
Members Present: Robert Simison, Luke Cavener, Treg Bernt, Jessica Perreault, Brad
Hoaglun and Liz Strader.
Members Absent: Joe Borton.
Also present: Chris Johnson, Ted Baird, Caleb Hood, Laurelei McVey, Tracy
Basterrechea, Kris Blume and Dean Willis.
ROLL-CALL ATTENDANCE
Liz Strader Joe Borton
_X_ Brad Hoaglun _X_Treg Bernt
X Jessica Perreault _X Luke Cavener
_X_ Mayor Robert E. Simison
Simison: Council, we will call the meeting to order. For the record it is Tuesday, June
7th, 2022, at 4:30 p.m. We will begin this afternoon's work session with roll call
attendance.
ADOPTION OF AGENDA
Simison: Next item up is the adoption of the agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: There are no changes for our agenda this evening, so I move approval of the
agenda as published.
Bernt: Second.
Simison: I have a motion and a second to approve the agenda. Is there any discussion?
If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda
is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
CONSENT AGENDA [Action Item]
1. Approve Minutes of the May 18, 2022 City Council Work Session
Meridian City Council Work Session
June 7,2022
Page 2 of 22
2. Approve Minutes of the May 18, 2022 City Council Regular Meeting
3. Approve Minutes of the May 24, 2022 City Council Work Session
4. Approve Minutes of the May 24, 2022 City Council Regular Meeting
5. Graycliff Estates Subdivision No. 2 Pedestrian Pathway Easement
6. The Landing Subdivision No. 13 Water Main Easement
7. Final Order for Aviator Spring Subdivision (FP-2022-0013) by The Land
Group, Inc., Located at 3235 N. McDermott Rd.
8. Final Order 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.
9. Findings of Fact, Conclusions of Law for McCrea Meadow (SHP-2021-
0006) by Russell McCrea, Located at 1028 NE 3rd St.
10. Findings of Fact, Conclusions of Law for Pavilion at Windsong (H-
2021-0102) by Kent Brown, Located at the Northwest Corner of W.
Ustick Rd. and N. Linder Rd.
11. Findings of Fact, Conclusions of Law for Records Apartments Council
Review (CR2022-0004) by Brighton Development, Inc., Located at the
northeast corner of N. Records Way and E. Fairview Ave.
12. Findings of Fact, Conclusions of Law for Timberline North (Timberline
Sub. No. 2) (H-2022-0024) by Riley Planning Services, LLC, Located at
655 and 735 W. Victory Rd.
13. Agreement for Construction and Joint Use of Pickleball Facility at
Kleiner Park Between BVBC Cadence Village, LLC and the City of
Meridian
14. Memorandum of Agreement Between the City of Meridian and
Meridian Dairy & Stock Shows, Inc. for Meridian Dairy Days
15. Equipment Purchase Agreement with Kurita American for Well 26
Filter Equipment for the Not-To-Exceed Amount of$953,566.00
16. Payment Processing Agreement Between CSG Forte Payments, Inc.
and the City of Meridian
Meridian City Council Work Session
June 7,2022
Page 3 of 22
17. Resolution 22-2330: A Resolution of The City Council of The City Of
Meridian Setting Forth Findings and Purposes to Declare Surplus
Property and Authorizing the Meridian Parks & Recreation Director to
Donate Used Playground Equipment to Food For The Poor, Inc.
Simison: Next item up is the Consent Agenda.
Hoaglun: Mr. Mayor, we didn't -- Mr. Mayor -- yes, we don't have any items moved from
the Consent Agenda, so I move approval of the Consent Agenda and for the Mayor to
sign and Clerk to attest.
Cavener: Second.
Bernt: Second.
Simison: I have a motion and a second to approve the Consent Agenda. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it
and the Consent Agenda is approved.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Simison: There were no items moved from the Consent Agenda.
DEPARTMENT / COMMISSION REPORTS [Action Item]
18. Public Works Week Proclamation
Simison: So, we will go into Department/Commissioner Reports. First up is Public Works
Week Proclamation. So, Laurelei, you want to join at the podium?
McVey: So, yeah, we are really excited to be -- being able to bring back Public Works
Week. We had a two year hiatus and so this is our 12th annual Public Works Week. So,
this year we are bringing back the Expo event. So, if you haven't been to the Expo it is
tomorrow night from 4:00 to 7.00 right outside in the City Hall Plaza. It's free and family
friendly. If you have little kids they can drive big heavy equipment. There is crafts. There
is prizes. But mostly, you know, the thing that gives me the most pride is being able to
showcase our employees who provide essential services every day. So, there is very few
things that people do that touch every single resident every single day of the year and our
employees do that through their water and wastewater services. So, it's really fun to get
to showcase that and highlight that. So, we are really excited to have that event tomorrow
night and I believe the Mayor is going to issue a proclamation.
Simison: Let's go ahead and do it this way if that works. So, whereas, the City of Meridian
residents have peace of mind with every faucet turned on, shower taken, and toilet
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flushed, thanks to the professional employees of the Meridian Public Works team and
whereas each unseen essential worker, engineer, inspector, operator, technician is
committed to protecting our health, safety, environment and quality of life through the
supply and distribution of clean, safe water, efficient collection and treatment of
wastewater and management of solid waste and whereas the dedicated Public Works
staff and partners design, maintain, and sustain the quality of these critical services and
important infrastructure, recognizing their ability to do so is dependent upon having the
support of informed citizens and whereas the Meridian Public Works Department
educates the community about the work they do, both in person, through their daily work
and virtually through informative and engaging public outreach and whereas Ready and
Resilient is a theme for the 2022 National Public Works Week and it represents the often
unseen, steadfast and heroic efforts put forth by the public works professionals across
north America. Therefore, I, Mayor Robert Simison, proclaim June 5th through 11th,
2022, to be Meridian Public Works Week in the City of Meridian and call upon the citizens
and civic organizations to acquaint themselves with the vast and complex efforts involved
in providing our public works services and to recognize the substantial contributions the
Public Works employees make every day to our health, safety, comfort and quality of life.
So, congratulations and we are excited to bring this back to the city. And for any member
of Council who may be coming tomorrow, the front parking lot will be closed, so you will
need to find other parking accommodations for the day, so -- thank you, Laurelei.
Congratulations and good luck to your team.
19. Wood Rose Apartments: Potential Housing Partnership
Simison: Next item up is Item 19, Wood Rose Apartments potential housing partnership.
I will turn this over to Mr. Hood.
Hood: Thank you, Mr. Mayor, Members of the Council. Just a quick introduction and
reminder about the Wood Rose Apartment project. Erin Anderson with The Housing
Company is here this afternoon. She would like to address you about a potential
partnership opportunity -- that multi-family project. Received approval earlier this year.
There are 52 affordable units in that project. The project is located at 1160 West Ustick
Road. So, it's just west of Venable Lane on the north side of Ustick towards Linder. Not
quite at the mid mile mark there. So, just with that brief -- very brief refresher of the
project, I will turn the rest of the time over to Ms. Anderson.
Anderson: Good afternoon. My name is Erin Anderson. I live at 2238 North Aster Way
in Meridian and I'm here with The Housing Company to talk about Wood Rose
Apartments. We have a proposal before you for city participation -- financial participation
in our proposed project and I don't know if we have the PowerPoint up. Okay. Got you.
Okay. Touch screen. Fancy. All right. So, many of you may be familiar with The Housing
Company since our last meeting, but for those who aren't, The Housing Company is a
nonprofit organized in 1990 with a mission to address the concern of inadequate supply
of affordable housing throughout Idaho. We have developed more than 800 units and
2,000 affordable rental communities throughout the state. We own our properties in the
long term and take pride in building an asset for the community. We have some
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developments that are nearby. Moon Valley Apartments in Star. Nampa duplexes. Hazel
Park in Caldwell and we are just wrapping up construction on Canyon Terrace and moving
the first people in in Nampa and Sunset Landing in Caldwell is scheduled to have the first
people move in in August. So, we have a lot going on nearby and we are really excited
to -- to talk with you about the opportunity here in Meridian. Oh. Well, that was lively.
We are awake now. Okay. So, this next slide -- we are going to just start out with a little
bit of context and, then, kind of dig into the proposal a little bit more. This first slide is a
breakdown of area median incomes and the reason this is kind of starting out the
conversation is because we are going to talk about income limits a lot and usually the first
question I get is what do you mean by income limits. In this case there is an annual
income limit that's published by HUD. They just released the 2022 information and most
of -- of the affordable housing developed and the majority of the units we are proposing
tonight at Wood Rose Apartments would fall under the 60 percent of area median income
for a four person household, which is 50,520 and, then, there is a sliding scale based on
household size. So, if -- if somebody had five people, then, that limit goes up. There are
a lot of economic reasons to invest in affordable housing, but one of the big reasons is
there have been studies completed that have demonstrated that there is a loss of money
in your community due to housing cost burden. So, if somebody is overstretched and
they are paying too much for rent, they are not able to spend that money in your
community on other goods and services. Another reason -- economic reason to invest in
affordable housing has to do with local businesses not being able to stay open because
their employees cannot afford housing and we are seeing a lot of news, recently
especially about restaurants, but other small businesses that are really struggling to really
keep the employee base that they need. This next chart just describes kind of who lives
in affordable housing. You may be surprised to see there is a large percentage of people
-- 34 percent in the labor force. It's not -- it's -- there is a lot of working individuals in low
income housing and the majority of the cost burdened folks are at 50 percent of the area
median income and lower, which is why most of the programs we work with serve 60
percent AMI and lower. I don't why I can't advance this sometimes. Okay. I can't seem
to get this slide to advance. All right. So, next we have an example of a few different
resident -- potential resident profiles just to kind of put a little bit of context to residents
that live in our communities. We have single people, families with single parents and
children, you know, that are really struggling to make ends meet without some sort of
affordable housing. In this case the bottom line here is showing the rents that we are
proposing, which is the rent paid by the resident ranging from 895 dollars for that single
person to 1,200 dollars for a four person household and those are -- those are rents that
are below market and below the 60 percent AMI we talked about earlier. This is the site
plan just as a refresher. We have our nine buildings, one clubhouse, eight residential
buildings and internal circulation. We are connecting pedestrian pathways along Ustick,
as well as to the 11 th Street connection and really creating a --as walkable of a community
as we can for access to Settlers Park next door or nearby. These are some images of
the Moon Valley Apartments, which is the design we are using here. And go to the next
one. We did a market study very recently. It's hot off the press, which is exciting, and
that market study chose an effective market area with Chinden to the north, Highway 55
to the east, Victory Road to the south and McDermott Road to the west. What the study
found is a 2.2 percent vacancy in market rate units. So, those are not federally subsidized
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units. And a zero percent vacancy in subsidized units, of which there were only 50 units
identified in the market area. The market research also looks at a capture rate. So, that's
able to identify that they -- there are 2,938 income appropriate households for the
proposed project in the effective market area that would qualify for Wood Rose
Apartments, which is a capture rate of only 1 .5 percent, which is considered very strong.
Next I'm just going to talk a little bit about low income house tax credits and I think because
it's the -- the largest source of funds that we have to utilize, I know that there -- the IHFA
came out and -- and talked to you a little bit before, but I don't know if they answered all
the questions. The low income housing tax credit allocation plan is called a qualified
allocation plan. The plan sets forth the criteria which will be used to determine how
developments will qualify for the credit. It provides mandatory and threshold
requirements, including a competitive scoring criteria, set asides, allocation timelines and
further protocol and requirements. Preferences are given to developments that serve the
lowest income. Tenants agree to remain in the program for the longest period of time and
are located in a qualified census tract. The City of Meridian does not have any qualified
census tracts, so that is one thing that we are not able to meet with this project. The next
two slides I will leave for your reference, but it breaks down the selection criteria in detail.
But I would like to hone in on the points for local leverage, since we are talking about
financial contributions. In listening to the IHFA presentation made a few weeks ago, I
noticed that the example projects that they brought up were from several years ago. They
are not a current representation of the funding challenges and the increased gap in
funding that we are facing. There have been changes to the state's qualified allocation
plan, which raised the bar in terms of how much local contributions are needed in -- in
order to generate the maximum number of points needed for an application of fund -- for
funding. That scoring criteria a couple years ago was that 2.5 percent of total
development cost and it's currently a sliding scale, where you can generate two points for
two percent contribution of total development costs and it goes all the way up to ten
percent of total development cost. So, what this means for our competition -- the
competition being very great. There are probably three out of five applications get
selected if -- if -- maybe even less than that. So, what this means is that the bar has
definitely been raised in terms of what the Idaho qualified allocation plan is looking for in
terms of local leverage and I think part of the reason they did this was because a lot of
applications were getting the same scores and they are trying to differentiate between
projects so that they can really choose the ones that have the best leverage sources to
match the tax credits. This next slide is really more for your reference, but it's a table
illustrating the proposed rents, which are primarily at that 60 percent AMI. Just quickly
there is 20 units, for example -- two bedroom units at 1,070 dollars and that includes a
utility allowance. So, we pay for -- as landlord we pay for water, sewer, trash and, then,
residents pay for electric and gas and the electric and gas utility allowance is a determined
amount based on the average usage and that -- that's taken into account every year to
keep their rent affordable. The next slide is also more for your reference, but it illustrates
the operating expenses and a ten year pro forma of cash flow and I guess the one big
thing to point out is that our early years are nearly at a break even operation once we
account for debt service. That brings us to, all right, what are we going to be spending
all the -- the funding on and I give a breakdown. We have a full breakdown here, but we
are right around 200,000 dollars a unit for construction and 300,000 total development
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cost and one of the costs that's included in there is a building permit fee and impact fee
of 595,000 dollars, which I think is possibly a little bit on the low end. Some preliminary
feedback from the city is indicating that this fee was generated based on all 52 units and
I have to break it out by building. So, I think it's going to go up a little bit. I think it's going
to be at least 595,000. So, in April I understand that -- and listened in on the recording of
a presentation made by city staff in the -- in a Council work session where one of the
strategies presented was a matrix of ideas for addressing housing needs and one of the
ideas was reduction of impact fees for -- for housing developments. So, the biggest
source of funds being the tax credit. This is a little flow chart that shows you how it works,
but the -- the gist of it is that it's -- it's this idea of bringing public -- public-private
partnerships together, because there is a private investor that purchases those credits.
And, then, I also included some information for just education on how to calculate the
amount of the tax credits if you are interested, which brings us to our sources. So, this
project we are planning on applying for nine percent tax credits and the reason there is
-- there are two different types of tax credits. There are the nine percent and the four
percent. The nine percent are the competitive ones that I have been talking about. The
four percent are noncompetitive. But, unfortunately, they don't work for this project for a
couple of reasons. One is that this project is a little bit too small. There is sort of an
economy of scale when it comes to the four percent projects. Second, we are not in a
qualified census track. The qualified census track provides a 30 percent boost in the
equity essentially and without that we just end up with a gap that's even larger. This slide
illustrates that the gap is over a million dollars greater with the four percent bond scenario,
even with trying -- even with going for the state's workforce housing trust fund, American
Recovery Act's 50 million dollars application round that's coming up even if we apply for
2,600,000, which is 50,000 dollars a unit out of that fund. We still end up with a gap that's
a million dollars larger than the nine percent and the reason I bring this up is because I
-- I feel like you may be wondering why--why are --why aren't we pursuing that workforce
housing tax credit. And that brings us to our ask. We are requesting the 1,350,000 dollars
that's shown on this source of funds here from a number of possible combined sources.
One option would be a grant from the Meridian General Fund. Our understanding is that
the city is not currently set up -- and correct me if I'm wrong on this -- to provide lending
to projects and there is some detail in this presentation about how it would need to be
structured for tax reasons. It would need to be granted in a certain order to really make
sure that the grant is utilized to its maximum ability. The second option would be to
combine -- to provide a combination of reduced impact fees and a grant from the General
Fund, you know, and if -- if -- if those fees end up being 595,000, that would be 595,000
of fees, plus the 755,000 dollar grant. And just to go back to the sources a little bit more
so you can see, we have maximized a conventional first loan -- permanent loan source
of 4,600,000 dollars. So, that's the most we can support in debt service. The home loan
of 1,099,000 is fully amortizing at one percent over 35 years. We are also putting some
of our own fee of 251 ,000 dollars in and, then, the -- the largest source is the tax credit
equity of 8,700,000, which leaves us with the gap of 1 ,350,000. So, that's how we arrived
at that amount. As you know, we have been through the zoning and annexation process,
with the exception of recording the development agreement. We plan on applying for the
conditional use permit and the certificate of zoning appropriateness by September,
submitting the application for the tax credits to IHFA by August of this year and they make
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award announcements in November, which would allow us to, then, work on our building
permit application in the meantime, work on the plans and specs and start construction
next spring. That's the overall timeline that we are targeting. And with that I did a lot of
talking and I welcome your questions.
Simison: Thank you, Erin. Council, any questions?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: First I want to say thank you, Erin, for coming and sharing this with us. This is
a -- a good third meeting to have educating us on how some of these things work. I
imagine that we will be needing to educate ourselves much more so in the coming years
as we have further discussions about housing affordability in our community. I just wanted
to clarify. We -- and -- and I want to share that Erin sat down with me and went through
this presentation with me, because I had a lot of very specific questions and -- and thank
you very much for doing that. But it's my understanding that the numbers that we get
from HUD on income limits are not fresh, that they are collected from data that's a year
and a half old or two years old. Can you share more about that and what does that mean
for that almost 3,000 households in Meridian that qualify? Are we at 4,000 now? You
know. And -- and the fact that there is only 50 currently. Can you kind of give us an
understanding of how many do other cities have in relationship to potentially 3,500, 4,000
thousand households that need it? Are we way behind the curve?
Anderson: I think many communities, you know, throughout the Treasure Valley are very
behind the curve. It's just -- especially just considering what's gone on in the last few
years. I think that there is definitely a frustration with the data. You know, census data
lags behind the information that they gather when they look at these incomes is -- is --
tends to be a year and a half to two years old and it is frustrating, because there definitely
would be more people in need of affordable housing than what's reported in the market
study. So, the market study is really a conservative -- very conservative estimate and
there have been some things proposed and some things even enacted in legislature to
try to expand the definition of affordable housing to meet up to 80 percent AMI, for
example, instead of 60 percent, but it's proven to be very challenging to implement. There
is also that missing middle -- up to 120 percent AMI that the Workforce Housing Trust
Fund is hoping to also solve. There is 50 million dollars that the state's planning on
allocating towards that problem and, again, this particular project, as I mentioned, is --
just doesn't quite fit the mark for that type of project due to the size and the --the location.
So, it just isn't the right opportunity for the -- for that source where we could go maybe a
little higher with the income limits. But the sad thing with that is that's only a one time
shot, too. I mean those are recovery act dollars or a one -- one time go and, then, after
that, unfortunately, we are kind of back to these limitations of the program. There are
people lobbying to basically provide comments to HUD on how those income limits are
established and I guess there is some flexibility where perhaps your community could
really take a deeper dive and look at your local -- your local needs and pushback and
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submit like basically comments back to HUD to say this isn't right. So that might be worth
looking into.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Thanks, Erin. I have a couple questions. One -- one thing that's really hard for
me to wrap my head around -- so, you know, with a full contribution it looks like the city
would be spending about 25,000 per unit. Is that a good number for a city to spend? Like
I'm having a hard time evaluating that, because we don't have an affordable housing
program in place today. There is not a competitive process where we are looking at
multiple projects. Is there a benchmark that other cities have used in terms of projects?
I know when the IHFA folks came the answer was any contribution is helpful. Now I'm
worried that the answer is kind of like, no, there is a bar that needs to be met to move
forward and I guess I just want to understand it. Is that -- this is a small project. There is
an ocean of need --
Anderson: Right.
Strader: How does that matrix look?
Anderson: It's twofold. I mean there is -- there is not only the concern of the
competitiveness on the nine percent credits that we mentioned and the local contribution
threshold bar being raised, but, then, there is just the reality that in the last two years
costs have risen so exponentially that the examples that IHFA gave were very stale. So,
you know, if -- if I felt like there was a way we could maybe get -- be competitive in the
application with less funds that would be one thing, but we also just have this gap we are
trying to solve for as well. So, I think two years ago costs were probably 50 percent less.
It's just been insane.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Yeah. I mean I --just to sort of reflect back what you are saying, I -- I totally see
that in the market. I guess it's a -- it's a real challenge, though. You know, at some point
we hope the market will cool down and with interest rates going up, you know, maybe
costs will go down for a time or at least not escalate as quickly. I guess a -- I'm having a
little bit of a hard time with the request, just because we don't have an overarching plan
of how we want to tackle this big topic. But you are the one that's in front of us. You are
that opportunity that's in front of us. I guess I -- I just had two smaller questions. One
was a question about is there any reason that the city couldn't use ARPA funding as part
of our contribution? And, then, my other question was just to confirm the -- you know, if
-- if-- if we were -- and I know our Finance Department doesn't like that, but if we were to
say specifically for affordable housing only, that we would structure, basically, forgivable
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June 7,2022
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loans that we intend to use as grants. Does that mean that the city's needed contribution
is actually 60 percent of the 755,000? So, that's 453,000 in your mind? Is that how that
would work? Thank you.
Anderson: You -- you lost me.
Strader: Mr. Mayor. I apologize.
Anderson: Sorry.
Strader: Yeah. No. I -- it was two things. Number one was could we use ARPAfunding?
Anderson: Yes. If the Council is willing to consider that and if it's an eligible use, then,
absolutely.
Strader: Okay. Thank you. And, then, my second question was you -- I understand for
tax reasons you prefer these to be structured as loans. The gap in your funding is 1.35
million. Maybe -- I don't know if it's possible to waive the permitting fees and impact fees,
but I'm coming up with a General Fund request of 755,000. That's the delta. I was just
curious if -- if we are saying that taxes eat up 40 percent of that, if we were to find a way
to structure it as a forgivable loan, would the request be as low as 453,000, then, if it could
be structured that way?
Anderson: It would go the other direction. So, this is already assuming not being taxed
on that. So, it would --
Strader: I thought it was the opposite.
Anderson: Yeah.
Strader: Okay.
Anderson: Yeah. It would increase.
Strader: That makes sense. Thank you.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: If Caleb would be willing, can he comment on the -- are there permits and fees
that cannot be waived? How does that process work on our side? It's not a conversation
we have had frequently. So, educate us on that if you would.
Hood: Mr. Mayor, Council Woman Perreault, so there are -- in the ordinance I know that
there are some impact fees for affordable housing projects that are eligible for waivers of
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the impact fees. I also know there was a meeting this afternoon and we are looking into
some of the other things in the spreadsheet that, yeah, we are researching those and
would bring those back to you to see what the process would be to waive a fee or offset
those fees or reduce those fees. Historically the City Council has granted some fee
waivers in certain circumstances, but the circumstances are different than this one, so
they are trying to understand what --what the criteria are and, then, could potentially bring
that back to you if you are interested.
Baird: Mr. Mayor, if I could add to that briefly?
Simison: Mr. Baird.
Baird: Traditionally when permit fees have been waived the city only waives the city's soft
cost fees. We do have some hard costs that we are paying out to consultants who are
doing certain inspections. That changes each time, so we have to go through an analysis.
And, then, with regard to impact fees, as Caleb pointed out there is an exception to
potentially waive impact fees for low income housing. However, there is a requirement
for any waiver of impact fees for any purpose, the City Council needs to identify a funding
source to make up the impact fee fund. So, unless there is another pot of money out
there an impact fee waiver is akin to another General Fund draw.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I appreciate the information, Erin. I -- I have a question. We are not going to,
of course, make a decision tonight, but as we go into the budgeting process here later in
June that -- that's helpful to have this in front of us and know what the request is. My
question is related to your application before IHFA. They have a deadline of August 5th.
If-- that's capital -- if the city were to do something and our budget year starts, you know,
in October 1st, having a letter in your packet for application, does that suffice for any
action the city might take to help out?
Anderson: Yes. A letter indicating some sort of soft commitment -- you know, it can even
be conditional -- would -- should suffice.
Simison: So, Erin, a question. I know you didn't come up with the rules for the Idaho
Workforce Housing Trust Fund. Do you have any insight as to why they only apply that
to the four percent? Because, obviously, with the gap that you are seeing at one point --
you know, Idaho Workforce Housing asked for twice as much compared if you got half we
wouldn't be having this conversation per se. Any idea --
Anderson: Right. Yeah. Part of it is that historically nine percent tax credit projects have
been able to stand without much of a gap, because the tax credit equity generated was
so -- is -- was sufficient. But, unfortunately, as you can see now that's not what we are
experiencing. So, I think there is this idea that nine percent tax credit applications don't
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need it and -- and the fact that nine percent tax credit applications might have some of
the lower, you know, 60 percent and -- and lower, maybe some 40, 50 percent area
median income units, whereas workforce housing they really wanted to try to work in
some of the units that are up to 120 percent AMI and those four percent bond deals
conceivably could be more likely to work some of that in -- some of those higher income
units.
Simison: Do you happen to know who made the determinations on the Workforce
Housing Trust Fund requirements? Was that the governor or was at the --
Anderson: They keep -- they keep pushing the -- the date back for when they are going
to release the guidance. Today I heard it will be another three weeks.
Simison: So, if they were eligible for the nine percent -- any reason why they couldn't be
eligible for the nine percent if they so chose to write the rules that way?
Anderson: It could be. It could be. I think it's just -- it's -- it comes down to that question
as to what they are really trying to -- to target.
Simison: Since these have limited time frame use of funds that they want to get them into
the system as soon as they can, you think you would want to target them towards projects
moving forward, not others, but that's -- we will -- we will take that conversation up with
maybe the governor's office.
Anderson: Yeah.
Simison: Okay. Council, additional questions at this time? Okay. Thank you, Erin.
Appreciate it.
Anderson: Thank you. Let me know if you have any other questions.
Simison: Will do. And we will be in touch.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Since these are not requests that we have frequently, how does it work with
the time frame to get back to -- back to them on our response? Do we set a time now or
do we just work that, you know, in the coming weeks until we have all the information we
feel like we need and, then, come back or how does that work?
Simison: I would say with the latter. We will -- some additional information was probably
needed, as well as we move into the budget conversations, but there is also going to be
a conversation about ARPA in the coming weeks. So, I think there is several pieces
between the regular budget, ARPA, and additional information that will -- in the next two
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to three weeks you should have some general guidance I think on what direction Council
may or may not want to go with the funds that are out there. Also I think there is merit to
see what the actual Idaho Housing Trust Fund requirements are going to be. If they for
any reason move this to the nine percent to make it eligible, that's a completely different
conversation in my opinion, so -- but we will be --you can count on your Council President
to bird dog this issue moving forward.
Perreault: Mr. Mayor, may I ask one more question?
Simison: Council Woman Perreault.
Perreault: Erin, so if it does become eligible under the workforce housing project, is it --
I mean the fact that this is 30 and 60 percent AMI and not 80 to 120 percent, even -- even
if the nine percent tax credit is allowable, is it still going to restrict you from pursuing those
funds?
Anderson: I'm sorry, can you say it one more time.
Perreault: So, the -- the work -- the workforce housing funds that the state has -- has
distributed, if I understand correctly we have discussed two potential criteria. One is 80
to 120 percent AMI is what they are focusing on. The second is that the nine percent tax
credit can't be used in conjunction. If-- if we -- if the state determines that the nine percent
tax credit can be used in conjunction, but they still want to focus on that 80 to 120 percent
AMI, does that exclude you, then, from applying for those funds?
Anderson: As I currently understand it, it's incredibly likely we will be -- we would be
excluded for applying for the Workforce Housing Trust Fund, ARPA funding as a nine
percent application. Yeah. And I -- I think it's highly unlikely they are going to change
their mind on that. And just to clarify. So, the -- the state statute does say 60 to 120
percent. I said 80 to 120, because the other programs I have been talking about already
meet the 60. So, they -- in other words, they are just trying to get -- reach beyond what
some of these other federal programs already do.
Simison: All right. Thank you very much.
Anderson: Thank you.
20. Police Department: Idaho Humane Society Contract Updates
Simison: So, next item up is Item 20, which will be Police Department Idaho Humane
Society contract updates. Captain Colaianni, turn this over to you for now.
Colaianni: Thank you, Mr. Mayor and Council Members. I will be brief. To kind of bring
us back to -- to center, last year the Idaho Humane Society and the Police Department
contract weren't in sync with the timing of the budget and it came in late and we -- me --
I got in front of Council last year and assured you that wouldn't happen again. We put in
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some side boards working with Finance to make sure we have some contract benchmarks
that we hit, so we can have a lot of your questions answered, at least give you a
presentation of where we are at with the contract. So, tonight we have Tiffany here from
the Idaho Humane Society, Leann, and Dr. Rosenthal. Tiffany has been working very
closely at -- with the Police Department at Mr. Cavener's request and we have been
working with them, in communication with them almost monthly. Vicious dogs,
expectations, response times, that was something that Council asked. Council Woman
Strader, you had asked about impound fees. Emily Kane is here tonight to talk about
those. Dr. Rosenthal is here to speak and, then, Leann handles the contract end of this
and she is working with Emily on fees and contracts. So, I'm going to turn it over to them
to do their presentation and you can ask questions and, then, if you have anything else
will come back up at the end. Thank you.
Simison: Thank you. Doctor, welcome.
Rosenthal: Mr. Mayor, Members of the Council, thank you. I'm Jeff Rosenthal, CEO of
the Idaho Humane Society, and I have been in that role for 21 years now and really just
hereto make a few introductory comments for the contract. Most of that job just got taken
away from me. But -- and, then, we will have Leann and -- and -- and Tiffany come up
and talk about the matrix and performance measures and some narratives around the
actual field work that occurs in the City of Meridian and, then, Leann will cover the -- the
high points of the FY-23 contract request. The animal control program consists of a field
enforcement team and a fully staffed animal shelter facility and since 2013 Meridian has
outsourced those functions to the Idaho Humane Society. For the unincorporated Ada
county and Boise city, that relationship for shelter services goes back to the 1940s and
for field enforcement goes back to the 1970s. Currently communities in Ada county
provide these animal control related services through a cost sharing agreement with the
Idaho Humane Society and so we allocate the animal control related services separate
from the rest of our activities and, then, that animal control budget is allocated amongst
the various contracting municipalities and the county based on these matrix reflecting
usage and respective populations of each community. It's similar to what you see in a lot
of community agreements around the country. Some of them purely governmental and
the methodology has been kicked around between the municipalities for numerous years
and -- and this is what we have arrived on over time. Generally the major trends and cost
drivers are factors that you are very well aware of and probably discuss at every single
Council meeting and its growth and we have more people and more animals in our
community than ever before and in the past the kind of growth that we have experienced
would have resulted in overwhelming numbers of animals continuing to enter our shelter
facility, but the good news is that today, because of the folks that live in this community
embracing spay and neuter and generally responsible pet ownership, we don't see those
increases in shelter intakes and have been pretty stable over the years despite that
growth and thanks to that this county has been termed a no-kill community for years now
and the live release rate for dogs in the past fiscal year was 93 percent and cats 94
percent and that's terrific and it engenders a lot of support from the community for my
organization and also for the animal control program and -- and yourselves. That growth
in the community for field enforcement is a bit of a different matter, because more people
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and more animals living in increasingly congested spaces does mean more conflicts and
incidents. So -- so Tiffany will kind of expand on those experiences and those trends. Of
course, the other factor is also something you are all very well aware of and that's inflation.
Inflation of goods, services, drugs, fuel and substantial wage inflation and worker
shortages that we have seen in the last couple years and you see that reflected in our
budget as well. And, then, finally, before Tiffany comes up, I just want to point out that
IHS embraces an animal control version of contemporary community policing and its
enforcement role and we emphasize providing resources, engagement, and mediation as
the preferred means of getting compliance over citation and empowerment. Especially
since many of the problems we encounter in this community and throughout Ada county
do have a socioeconomic component and we are very well positioned to provide those
resources because of our veterinary services department, behavioral and training
services, and pet food pantry and other programs, which are not contract funded, but
come from the philanthropy end of our -- of our programming. And, then, additionally, I
just want to let you know that within our organization and nationally animal services
recognizes diversity, equity, and inclusion as a priority issue, both internally and in the
manner in which our outward facing programs and staff conduct themselves and -- and
this is something that our entire industry is taking very seriously in the last few years and
in the past year, in addition to the required field training program, we provide officers. We
also include mandatory training on inclusivity, recognizing and avoiding bias,
antidiscrimination training and it's especially important as we encounter and work with the
marginalized citizens and groups that also are pet owners in our community. So, with that
I will remain available for any questions and I will have our Director of Animal Services
Tiffany Shields come up and speak to the numbers.
Shields: Good evening, Mr. Mayor, Council Members. I hope I know how to move this to
the next slide. But I wanted to say, first, on what he talked about about our training, one
of the things I wanted to let you know is we are actually -- our officers have been attending
training with the Meridian PD officers and code enforcement. So, some of those classes
that we are getting are right alongside with them. So, our officers hold the same values
as them and have similar training to them also. And he already mentioned, but we use
community policing policy of education first and providing support over punishment to
help interrupt the cycle of not providing care for animals and we have worked really hard
building those relationships. So, let's see if I can. We can skip all of these; right? All
right. So, you guys have our stats on here. I have been providing stats monthly. I do
send those to the city clerk. I also have been sending them to the captains. So, you can
actually look at these numbers monthly if you wanted to. But this kind of condenses it
and makes it a little easier to read, but the total number of calls in 2021 was 1 ,742. We
had -- as far as the impounds, the number of animals that we took in -- and this includes
animals brought to us by citizens, as well as officers out responding to calls and that
includes 834 animals. That does not include wildlife and we do respond to injured wildlife
as part of our contract. Let's see. So, one of the things that was really important to some
of our other contract cities is how long it takes us to respond to a call. So, I just want you
to know that these are priority one call response times. So, I don't know if you have a list,
but that's, for example, an aggressive dog in progress. Assist another agency. So if
Meridian PD is calling us for assistance on an owner arrest and owner deceased,
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something like that, that's a priority one call for us. Bite or dog at large. Cruelty. Dog in
a hot car. So, we are dropping everything to go over to this call. Whatever we were
doing. So, if you look at this response time report also I provide this monthly and in
Meridian -- sorry -- Meridian in 2021 we had 71 priority one calls and our average
response time was 20 minutes for that. So, I'm just going to take a couple of slides -- I
hope you don't mind, I'm going to take a little bit of your time on this, okay, because, you
know, I think what you guys hear about is the barking dog calls, the ones that there is not
a lot of resolution to them, so maybe you don't hear about all the things that we are
providing as part of our contract. So, this is Vegas. He was a neonate kitten that no one
could find his mother. This is a priority one call. Not only because a Meridian PD officer
found him, but because he can't survive on his own. So, Meridian PD called us. We
impounded the kitten, it went into our foster program and he grew up and he has been
adopted and he is actually from Meridian. All the animals in these slides are from
Meridian. This next one -- one of the things that Dr. Rosenthal touched on is more people
-- more people are closer and one of the things that that is causing is it's causing a lot of
bites. It's causing a lot of dogs are getting out more, they are biting. They are biting even
on leash. In this case this was a dangerous dog case that went all the way to a hearing
in front of the chief. Three dogs mauled this victim and her little service dog there, Bash,
that you see. She had compound fractures to her arm. She is still suffering to this day
from ramifications from this bite. Meridian code. We did not get the dogs in custody.
Meridian code just requires that the dogs get moved or euthanized. So, the owner moved
these dogs. We have no idea where they are currently. But they are no longer in Meridian
city. They are declared dangerous in Meridian city and cannot return. So, that's another
thing that we do. And, then, this is another dangerous dog case that we decided to take
a different route with. Now, this dog's name is Savior. He has bitten two people. One he
was in his home when he bit. The second one he chased a child down and grabbed the
child from behind. I reached out to the captains on this case also, because I was like,
okay, Meridian City code euthanize or move. We want to make the community happy, as
well as the dog owner, which is almost impossible in these cases. But in this case we
decided to use the state code. We sent the dog home with conditions and restrictions.
The dog must be muzzled in public. They had to have a secure fenced yard and he has
to be on a leash in the backyard and they have to meet those until they go before a judge
and, then, a judge will decide what happens with Savior. But he did go home and the
owner was charged using the state code, rather than declaring him dangerous through
Meridian City code and so far it has gone well. We have had a few complaints of people
saying, oh, they don't have them in control, but he -- he is wearing his muzzle when he is
out in public and he has not been reported loose again since the original incident. As our
rural areas are starting to impact city areas, you have busy streets. This horse was hit by
a car on Locust Grove Road at midnight in the dark. He was hit by a Ford Explorer. It
totaled the Ford Explorer. It -- the people -- the occupants were okay. The horse had a
severe head injury. He had injuries all over. He had a broken back leg. Luckily we went
out at midnight and luckily we were able to locate an owner. We stood by until that owner
got an emergency vet on scene, because failure to provide care for this horse would be
a total different issue. Meridian PD was on scene that night and they did get care for this
horse, but that's another thing is like what would Meridian PD do with this injured horse
at midnight? So, that's another thing. And if we did not find the owner we would have
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been getting our truck and trailer out there to impound the horse and get it vet care. Also
I just want to mention this is a cruelty case. This horse was tied up. He had no water, no
food. We pursued a cruelty case against this owner. We impounded this pony. He has
since left and gone to a local rescue group. But also we worked with Department of
Agriculture on this one, because he also had production animals on the property that were
not being housed correctly or vaccinated correctly or fed correctly. So, we have a really
good relationship with the Department of Ag also. And last, but not least, I'm showing you
these cute little guys. This is Chico, Bella, and Rocky and they are all owned by the same
family. Chico has been impounded five times. Bella has been impounded eight times.
And Rocky's been impounded five times. So, when we talk -- when you guys are talking
about your impound fees and how much it impacts your animal control contract, when we
have to return to the neighborhood to pick up the same dogs over and over -- and, yes,
we do make an effort to return them to the owner, but not when they are repeat offenders
like this and these -- this family they pay a ten dollar impound fee every time they come
in to pick up these dogs. With Chico we offered the owner reduced fees and they did
agree to neuter him, so we were able to get Chico neutered and we have not seen him
since April. Bella was impounded eight times and they chose to pay full fees and accept
citations, because they did not want to spay her. Rocky has been impounded five times.
We also neutered him to try to help them do that. We neutered him on the fourth impound.
On the fifth impound the owners did not come for him and he was just adopted out through
our adoption center. Their owners were issued four infraction citations, because dog at
large is just an infraction. I just want you to keep in mind every time these dogs were
impounded it probably represents perhaps five percent of the times or less that the dogs
were actually out running loose. The current impound charges and citations failed to
motivate these owners to change the way these dogs were housed and I know -- I just
know you are discussing an increase in the impound fees and that -- I just bring this up
as an example. We do feel that an increase is needed as part of being progressive with
animal control costs, as well as trying to counter recidivism. And now we are going to talk
money and that's Leann.
Gilberg: Good afternoon, Mr. Mayor, Council members. Yes, my presentation is probably
not nearly as exciting as Tiffany's. I am the chief financial officer at the Idaho Humane
Society and I want to just give you some of the highlights. I believe you have received
the packet with a lot of this detail in it. The -- I wanted to kind of start with the high level.
The Idaho Humane Society -- our budget last year was 8.9 million dollars and we split our
budget into two different facilities. We have got the Bird Street facility and we have got
the Dorman Street facility. The Bird Street facility was a 5.3 million dollar budget last year.
You don't get charged any of that. That is where we do our public veterinary care and
where we do our adoptions. We don't charge the animal control contracts for any portion
of the cost of that building. The other part of the budget is the Dorman facility, which was
3.6 million dollars last year. About 40 percent of our total budget. And we cover the cost
of about 25 percent of that building, with the other 75 percent of that building being
allocated to the animal control contracts. That is based on historical usage of the -- of the
building on animals that house the building and the operations that go on there. So, in --
at the end of the day the contracts between yourselves and the other four contracting
municipalities covers about 30 percent of our total budget. Payroll is about 75 percent of
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that budget. It is a very labor intensive budget, obviously, which is part of the reason we
have seen costs go up so much and I will talk to you a little bit more about that in a minute.
Okay. There we go. How do I go back?
Johnson: You can use the arrows to go back and forth.
Gilberg: Arrows. This -- I'm just going to touch on this real briefly, just to give you a little
bit of history, because most of you haven't probably been around for quite this many years.
From -- in fiscal year '16 through fiscal year '19 the Idaho Humane Society lost almost
550 -- 550,000 dollars on the animal control contracts, because we were all still in one
facility and we just -- we were struggling to allocate the cost to the contracts appropriately
and meeting a lot of resistance in some of our bigger contracts at the time. So, in fiscal
year '20 we moved our adoption facility and veterinary medical center over to our new
facility and we are able to better--achieve a better segregation of those operations. From
the past about seven years animal control costs have consistently been about 30 to 32
percent of our total expenses for a year and, again, personnel costs are 70 to 75 percent
of that and in these years when we were underfunded we were, unfortunately, really a low
paying employer in the area. Our employees were making no where near what a
municipal employee or even a fast food worker would make. To give you a little bit of an
idea, in 2018 -- so, not that long ago, our officers started at 11 dollars an hour. In 2020
that increased to 13 and, then, it increased to 15. This year it's 17 and we plan to increase
that to 18 this year. Kennel staff that were starting at eight dollars an hour three years
ago are now making 12 to 13 dollars an hour. I'm not sure what your guys' minimum
wage is. I read in an article a couple weeks ago that Boise's minimum wage is going to
be 16 dollars going forward. Just to give you an idea of kind of where we are at, we are
still on the low end, but we are raising that bar every year. Veterinarians and vet tech is
another issue, another area where we really had to focus our budget. If you -- I don't
know if you have heard, there is a national shortage of veterinarians right now. Trying to
get veterinarians to -- to retain and hire veterinarians is very difficult and we have had to
significantly increase the wages of our veterinarians over the last year. So, as you can
see the costs are much more than the three percent increase that we got accustomed to
for a few years. Talk a little bit about Meridian's portion of that. The budget request for
fiscal year'23, the total budget for animal control is 2.8 million dollars. Meridian's request
is 625,000 dollars. That's an increase, since fiscal year '20, of 20 percent. It's only an
increase of eight percent since last year and part of last year's increase wasn't funded,
so, therefore, it's pushing into this year. We have had wages increase well over 20
percent over the last three years. So, you can see why there has been an increase in the
budget over these last three years. The population of Meridian has increased based on
my calculations about 13 percent during that same -- same time period and we all know
what fuel costs and wages and the demands of the population are doing. To give you a
little bit of an idea, Meridian is paying about 22.2 percent of the total animal control budget.
Your population as a percentage of the area that we serve is 26.4 percent and the calls
have averaged around 20 to 23 percent of the calls that we get. So, you are right in the
range of your proportion -- what we consider your proportionate share of the total budget.
And, historically, I just -- I just want to give you a couple of quick factoids about cost per
capita you might be finding interesting. The cost per capita as you can see is $4.68 for
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next year and in fiscal year '18 that was $3.88. So, in less than -- it's an increase of less
than a dollar in five years. We did a pretty big analysis in 2016 when we were talking with
the different entities about our move to the new building and kind of what our services
look like versus what some of the other municipal services that we found comparatives
for. At that time in 2016 the lowest comparative we found was $5.32, which was in Salt
Lake, and Seattle was $5.87. So, you guys -- your per capita cost right now is still lower
than what theirs were in 2016,just to give you an idea. We have gotten some recent data
from Pocatello. Their services for their municipally run shelter is about 21 dollars per
capita and Spokane is paying over four million dollars for their animal control services,
with about 220,000 population and we serve twice that many residents in Ada county for
2.8 million dollars. Washoe county in Reno is paying almost six million dollars for a
population smaller than we are. So, I guess that's -- what I'm just trying to say is I feel
like -- we feel like we are providing a good service for a reasonable price to you. And,
then, the next three pages are just basically -- you have got it in your pocket. It's a
breakdown of our budget for the year. For the animal control it's the 2.8 million. How it
breaks out between animal control costs are between -- sorry -- between personnel costs
and operating costs. I will tell you, as I said, personnel is about 70 to 75 percent of it.
Historically it has been. We do our best to allocate a hundred percent of the officers a
hundred percent of the front desk staff, a hundred percent of the dispatchers they go to
the contract. The workers that work in the shelter over at Dorman and the medical care
teams, they get allocated based on a percentage that we have historically used. It's about
-- I think it's a 60/40 split based on animal intakes over historic years. And, then, there is,
obviously, a little bit of administrative costs that we allocate to the contract, because we
have got to do the payables, we have got to do the HR, we have got to do the admin, all
that stuff, and so we kind of split that up by a third of our business is animal control, a
third of our business is veterinary care to the public and a third of our business is
adoptions and so we allocate some of those administrative costs. That's -- that's kind of
where you get your payroll costs. And, then, the operating costs are also allocated, those
that we can identify specifically to animal control, like their radios, their uniforms, their gas
and their vehicles, whatever the case may be, we allocate that to the contracts. Anything
else at Dorman gets allocated. None of our Bird Street costs get allocated. And that's in
a nutshell, I guess, what I have got for you.
Simison: Thank you. Council, any questions?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Thank you very much. Just a question about the slide that we are on right
here, showing that there is an increase of 8.7 percent expected for your income year over
year and an increase in 5.9 percent for your expected expenses. So, the difference in
income -- the income increase from your expenses, is that to make up for income that
was lost from prior years?
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Gilberg: No. It's kind of confusing, because I had to split it between three slides. So, if
you go to the next page you will see that there was also an increase -- there was an eight
percent increase in -- in total income, but that's the total increase in expenses as well,
because if you see the bottom line is a zero percent increase. The dollar value difference
to IHS that -- we had a 9.5 percent increase in contract income, but some of our other
incomes went down and so, therefore, it was a net. I'm sorry. And I'm missing -- I am
now listening to your questions; right. Hang on a second. Give you one second. Because
the math works. So, our total expenses are 2.855. I'm wondering if I have got a bad
formula in there now that I look at that, because you can see that the total contract income
went up more than the redemption income, because we are seeing a trend down in that.
So, the total -- I was just going off the total contract income matches the total allocated
expenses. We are not making up any income from prior years. Your increase is going to
be bigger, because we didn't fund a hundred percent last year, but the budget itself is not
drawing in dollars from last year to give us a bonus, we are actually expecting to take a
loss for this year. It's just basically the -- we budget the income to exactly match the
allocated expenses. I can see where your confusion is and I need to look at that.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Maybe some direction from you guys, I -- I have got a host of questions, but
we are -- we are up against a -- a hard deadline. What's the best way to get information
-- maybe to get the correct version of this presentation that's before us sent to us and,
then, the best way for us to get you questions?
Gilberg: You can e-mail them to me. Is Emily here? She -- you can e-mail them to me
or you can send them through Emily. She and I have a direct line of contact. I -- these
numbers are right, it's just something went wrong with that percentage calculation and I
can't do the math in my head at the moment.
Simison: Council, any additional questions at this time or can they be done through Emily
for follow up or -- does that work, Captain, as well -- is that -- okay. All right. Thank you
very much. Councilman Hoaglun.
21. Police Department/Attorney's Office: Proposed Updates to Animal
Impoundment Fees
22. Police Department: Proposed Ordinance related to Public Intoxication
(Potential Meridian City Code 6-3-4)
EXECUTIVE SESSION
23. Per Idaho Code Section 74-206(1)(d): To consider records that are
exempt from disclosure as provided in chapter 1, title 74, Idaho Code
Meridian City Council Work Session
June 7,2022
Page 21 of 22
Hoaglun: Well, Mr. Mayor, we do have some other business that we need to take up in
Executive Session, so we will put on hold the Items 21 and 22 for a later date. So, with
that, Mr. Mayor, I move that we go into Executive Session per Idaho Code 74-206(1)(d).
Cavener: Second.
Simison: I have a motion and a second to go into Executive Session. Is there any
discussion? If not, Clerk will call the roll.
Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader,
yea.
Simison: All ayes. Motion carries and we will move into Executive Session.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
EXECUTIVE SESSION: (5:44 p.m. to 6:06 p.m.)
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I move that we come out of Executive Session.
Cavener: Second.
Simison: I have a motion and a second to come out of Executive Session. All those in
favor say signify by saying aye. Opposed nay? The ayes have it.
MOTION CARRIED: AYES. ONE ABSENT.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I move adjournment of the work session.
Cavener: Second.
Simison: I have a motion and a second to adjourn the work session. All in favor signify
by saying aye. Opposed nay? The ayes have it. We are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 6:06 P.M.
Meridian City Council Work Session
June 7,2022
Page 22 of 22
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
COUNCIL PRESIDENT BRAD HOAGLUN
By Robert E. Simison, Mayor
Approved C 21-2022
ATTEST:
CHRIS JOHNSON - CITY CLERK
7/tem 77
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AGENDA ITEM
ITEM TOPIC: Approve Minutes of the May 18, 2022 City Council Work Session
Page 3
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
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AGENDA ITEM
ITEM TOPIC: Approve Minutes of the May 18, 2022 City Council Regular Meeting
Page 27
Meridian City Council
Item#2. May 18,2022
Page 28—28
Simison: All right. With that we come to future meeting topics. Council, anything to bring
up there?
Strader: Yes.
Hoaglun: Council Woman Strader.
Strader: Thank you. Just one -- one item. I would love to see some follow up on our
Community Development Block Grant program about staff coming back to us on how we
could modify the way our program is set up in order to be able to finance or contribute
forgivable loans to affordable housing projects. I feel like -- I'm -- I'm sensing that there
could be some hurdles there in the way our program Is organized and our requirements
and also with the Finance Department. I think that they need to weigh in on that and that
-- that -- that is it. Except for one tiny thing. Just a tiny pet peeve. But I like Council
Woman Strader, if we could go with that. Just for everybody on staff to know. We don't
have to dance around with like Council Person or any -- any of that. But it's a tiny -- tiny
thing, but --
Hoaglun: Duly noted --
Strader: --just a preference.
Hoaglun: -- Council Woman Strader.
Strader: Thanks.
Hoaglun: With that do we have a motion to adjourn?
Perreault: So moved.
Hoaglun: And we have a motion to adjourn. All those in favor signify by saying aye. We
are adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 7.26 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
COUNCIL PRESIDENT BRAD HOAGLUN 6-7-2022
ATTEST:
CHRIS JOHNSON - CITY CLERK
Page 55
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AGENDA ITEM
ITEM TOPIC: Approve Minutes of the May 24, 2022 City Council Work Session
Page 56
Meridian City Council Work Session
Item#3. May 24,2022
Page———
Bernt: Second the motion.
Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay?
The ayes have it and we are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 5:47 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON Approved 6-7
ATTEST:
CHRIS JOHNSON - CITY CLERK
Page 82
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AGENDA ITEM
ITEM TOPIC: Approve Minutes of the May 24, 2022 City Council Regular Meeting
Page 83
Meridian City Council
Item#4. May 24,2022
Page 16 of 16
reform and I would like -- our city is very limited in what we can do on that front, but I
would love for us to increase the presence of the Meridian Police Department at our
elementary schools, try to find ways to resource that further going forward. Thank you.
Simison: Thank you. Thank you for those comments. Do I have a motion to adjourn?
Hoaglun: Mr. Mayor, I move we adjourn.
Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay?
The ayes have it. We are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 6:39 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON Approved 6-7-2022
ATTEST:
CHRIS JOHNSON - CITY CLERK
Page 99
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AGENDA ITEM
ITEM TOPIC: Graycliff Estates Subdivision No. 2 Pedestrian Pathway Easement
Page 100
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0171 G[@VC|iff Estates Subdivision NO. 2
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 7th _day of June 20 77. bctv/ccn K13 Home Idaho LLC
hereinafter referred to as ^^{;nuntor`, and the City of Meridian, an Idaho municipal corporation,
hereinafter referred to as"Grantee";
VV\TN68SBTU:
YVBEDB/\S` Grantor is the owner o[real property on portions of which the City o[Meridian
desires to establish opublic pathway; and
v/DE[lE&S, the Grantor desires to grant an uaaomcnt to establish u puh|io pathway and
provide connectivity to present and fuk/rc portions n[the pathway; and
WHEREAS, Grantor shall constrUCt the pathway improvements upon the easernent described
herein; and
NOW, THEREFORE,the parties agree as follows:
THE GRANTOR does hereby grant untothu Grantee an euseonenton the following property,
described on Exhibit ^'/\" and depicted on Exhibit ^'B" attached hereto and incorporated
herein.
THE EASEMENT hereby granted ia for the purpoxeo[providing upub|ic pedestrian pathway
cuocment for nnu|tip|e-uoc non-motorized recreation, with the free right of access to suuh
facilities ot any and all 1innes.
TO D/\\/E AND TO HOLD, said cuscmcni unto said Grantee, its mcocosom and assigns
forever.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any
pernnonent»tn/cturcs, trees, brush, or perennial ehrubsor flowers within the area described for
thiycuscnncnt, vvhichvvou|d interfere with the uyu of said cuscnocnt, for the purposes stated
herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
the Grantor shall repair and maintain the pathway improvements.
THE GRANTOR hereby covenants and agrees with the Grantee that shou|d any part o[the
coaenncnt hereby granted becwnnc part of, or lie within the bnunduriceo[ any public street,
Pedestrian Pathway Easement REV. O|/U|/2020
then, to such extent such easement hereby granted which lies within such boundary thereof or
which is a part thereof, shall cease and become null and void and of no further effect and shall
be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and lawful
right to convey said easement, and that it will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and
year first hereinabove written.
GRANTOR: KB Home Idaho LLC
Thomas Coleman on behalf of KB Home Idaho LLC
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 4-27-2024 (date) by Thomas Coleman
(name of individual), [complete the following if signing in a representative capacity, or•strike
the folloiving if signing in an individual capacity] on behalf of KB Home Idaho LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: Thomas Coleman,President (type of authority such as officer or trustee)
SABR T CHI
COMMISSION#46693
NOTARY PUBLIC otary Signature
STATE OF IDAHO My Commission Expires:4-27-2024
MY COMMISSION EXPIRES 04/27/2024
Pedestrian Pathway Easement REV. 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor - -
2022
Attest by Chris Johnson, City Clerk 6-7-2022
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 6-7-2022 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2022
Pedestrian Pathway Easement REV. 01/01/2020
EXHIBIT A
Legal Description
City of Meridian Pathway Easement
Graycliff Estates Subdivision No. 2
An easement being located in the NW% of the SE '/4 of Section 25, Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as
follows:
A strip of land 14.00 feet in width, left of and adjacent to the following described easement line:
Commencing at 5/8 inch diameter iron pin marking the northwest corner of the NW% of the SE
(Center % corner) of said Section 25, from which a 5/8 inch diameter iron pin marking the northeast
corner of said NW% of the SE % (CE 1/16 Corner) bears S 89023'56" E a distance of 1320.68 feet;
Thence S 89°23'56" E along the northerly boundary of said NW % of the SE %4 a distance of 75.49
feet to the BEGINNING POINT of said easement line;
Thence a distance of 46.87 feet along the arc of a 342.25 foot radius non-tangent curve left, said
curve having a central angle of 7°50'47" and a long chord bearing S 54039'47" E a distance of
46.83 feet to a point of reverse curvature;
Thence a distance of 63.96 feet along the arc of a 98.00 foot radius curve right, said curve having
a central angle of 37023'43" and a long chord bearing S 39°54'35" E a distance of 62.83 feet to a
point of reverse curvature;
Thence a distance of 122.46 feet along the arc of a 102.00 foot radius curve left, said curve having
a central angle of 68'47'17" and a long chord bearing S 55°36'21" E a distance of 115.24 feet to a
point of reverse curvature;
Thence a distance of 98.58 feet along the arc of a 98.00 foot radius curve right, said curve having
a central angle of 57'38'12" and a long chord bearing S 61010'54" E a distance of 94.48 feet to a
point on the northerly right-of-way of W. Harris Street, the ENDING POINT of said easement line.
The sidelines of said easement strip of land shall be prolonged or shortened so as to terminate at
the northerly boundary of said NW'/4 of the SE %4 and at the northerly right-of-way of W. Harris
Street.
Said easement contains 4,547 square feet (0.104 acres) and is subject to any other easements
existing or in use.
Clinton W. Hansen, PLS \oNNL LA Np S
Land Solutions, PC C5 S r ER Gp
April 25, 2022
11118
�(ZS�Z�o
OF
2T0 N W N P�
City of Meridian Pathway Easement
Lai'll'4d�lsbIL3ti0,11 S Land Surveying and Consulting Graycliff Estates Subdivision No.2
Job No.
Page 1 1 Page 104
Item#5. EXHIBIT B
CITY OF MERIDIAN PATHWAY EASEMENT
GRAYCLIFF ESTATES SUBDIVISION NO. 2
LOCATED IN THE NW 1/4 OF THE SE 1/4 OF SECTION 25, T.3N., R.1W., B.M.
CITY OF MERIDIAN, ADA COUNTY, IDAHO
BEGINNING
C 1/4 POINT BASIS OF BEARING
S89'23'56"E 1320.68' CE 1/16
75.49' \ \ 1245.19'
PAS
PATHWAY EASEMENT
4,547 SF / 0.104 ACRES \\\
C3
ENDING POINT
s
l�
i 9
)
0' 40' 80' 160' �\oNP LA
��SG�
CURVE TABLE C� 9�
CURVE # LENGTH RADIUS DELTA BEARING CHORD TpN W \A '
C1 46.87' 342.25' 7'50'47" S54'39'47"E 46.83'
C2 63.96' 98.00' 37'23'43" S39'54'35"E 62.83' Lac*% ' d il", futions
C3 122.46 102.00' 68'47'17" S55'36'21"E 115.24' Lail Land Surveying and Consulting
C4 98.58' 98.00' 57'38'12" S61*10'54"E 94.48' 231 E.5TH ST.,STE.A
MERIDIAN,ID 83642
(208)288-2040 (208)288-2557 fax
www.landsolutions.biz d08
P�105
7/tem 77
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AGENDA ITEM
ITEM TOPIC: The Landing Subdivision No. 13 Water Main Easement
Page 106
ADA COUNTY RECORDER Phil McGrane 2022-053698
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/08/2022 08:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2021-0170 The Landing Subdivision No. 13
WATER MAIN EASEMENT
THIS Easement Agreement, made this 7th day of June , 2022 between Stetson Homes, Inc.
("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 malting 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: Stetson Homes, Inc.
4
I
Rustin J.Ray, Vice President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 10-15-21 (date) by Rustin J. Ray
(name of individual), [complete the following if sigma ng 7.n a representative capacity, or strike
the following if signing in are individual capacity] on behalf of Stetson Homes,Inc.
(name of entity on behalf of whom record was executed), in the following representative
capacity: Vice President (type of authority such as officer or trustee)
Slam)
Lod Kennedy-Dickson k �
28580 tar Signatu-e
NOTARY PUBLIC r
STATE OF IDAHO My Commission Expires:
MY COMMISSION EXPIRES 06/0212026
Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 6-7-2022
Attest by Chris Johnson, City Cleric 6-7-2022
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 6-7-2022 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Version 61/01/2020
Item#6. EXHIBIT A
10"L Sawtooth Land Surveying, LLC
P: (208) 338-8104 F: (208) 338-8105
2030 5. Wx hin9ton Ave., Emmett, ID 83G 17
Water Main Easement Legal Description
BASIS OF BEARING FOR THIS DESCRIPTION IS SOUTH 0000'35"EAST BETWEEN AN ALUMINUM CAP
MONUMENT MARKING THE NORTHWEST CORNER OF SECTION 13 AND AN ALUMINUM CAP PLS 11334
MARKING THE WI/4 CORNER OF SECTION 13,T. 3 N., R. 1 W., B.M., CITY OF MERIDIAN, ADA COUNTY,
IDAHO.
AN EASEMENT LOCATED IN THE NW1/4 OF SECTION 13,T. 3 N., R. 1 W., B,M., CITY OF MERIDIAN, ADA
COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHWEST CORNER OF SAID SECTION
13;
THENCE SOUTH 0000-35" EAST, COINCIDENT WITH THE WESTERLY BOUNDARY OF SAID NW1/4 OF SECTION
13, A DISTANCE OF 1948.81 FEET TO A 5/8" REBAR/CAP PLS 14221;
THENCE SOUTH 56005'40" EAST, 57.84 FEET TO THE SOUTHERLY BOUNDARY OF THE LANDING SUBIDIVISON
NO, 12, AS SHOWN IN BOOK 114 OF PLATS, AT PAGES 16940-42, ADA COUNTY RECORDS, TO A 5/8"
REBAR/CAP PLS 14221;
THENCE SOUTH 49023'18"EAST, 308.20 TO THE POINT OF BEGINNING;
THENCE SOUTH 890 5048„ EAST, 13.49 FEET;
I
THENCE SOUTH 00009'12"WEST,20,00 FEET;
THENCE NORTH 89050-48"WEST, 23.27 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT;
THENCE 22.47 FEET ALONG THE ARC OF SAID CURVE, A RADIUS OF 48.00 FEET, WITH A CENTRAL ANGLE OF
26°49'21", SUBTENDED BY A CHORD BEARING NORTH 26013'39" EAST, 22.27 FEET TO THE POINT OF
BEGINNING.
f THE ABOVE DESCRIBED EASEMENT CONTAINS 348 SQUARE FEET AND/OR 0.008 ACRES, MORE OR LESS.
f
I
i
CI"'
t� q ,q
E I'E'or
13:\202I't1 EMT\i21066-THE LANDING 13 STETSON FfOMES\Survey\Drawings,Dcscriptions,l'_1066-water main
case.docx
Page 110
Item#6.
11 12 EXHIBIT B
14 13
CURVE TABLE
CURVE LENGTH I CHORD LENGTH CHORD DELTA ANGLE]
]-RA`6iUST,kR iT
1 Cl i 48.00' 122.471 22.27' 1 N 26013'39"E 12604921
THE LANDING SUBDIVISION NO. 12
BOOK 114, PAGE 116940
r<
Ln
�u
LINE TABLE
t LINE BEARING -6ISTAIVtf— Is,
S89050'48"E 13.49'
0 0.01T
L3 N 89050'48" W 23.27'
T80,
POINT OF BEGINNING Ll
348 SQ. FT. 0.008 ACRESI
r*4
all
1:4
11574 L3
al
'7r of
REA,
W114 CORNER
PLS 11334 NTS
% W. WALTMAN STREET T. 3 N., R 1 W., BA
PROJECT: OWNERIDEVELOPER:
2030 S. WASHINGTON AVE.
121066-0(
EMMETT, ID 83617
THE LANDING SUBDIVISION NO. 13 1
WATER MAIN EASEMENT 6,rE7,r5o&s H is 1r P: (208)398-8104 PROJECT#
CITY OF MERIDIAN, IDAHO : (208) 398-8105 121066
SHEET
I OF1
ADA COUNTY DATE: 1012021 1-1;nrJ-'-5'11'veY1iV,1-Z-G tfl1WW.SAWTOOTHLS.COM
7/tem 77
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'aAHO
AGENDA ITEM
ITEM TOPIC: Final Order for Aviator Spring Subdivision (FP-2022-0013) by The Land Group,
Inc., Located at 3235 N. McDermott Rd.
Page 112
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: MAY 18, 2022
ORDER APPROVAL DATE: JUNE 7, 2022
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 95 BUILDING ) CASE NO. FP-2022-0013
LOTS (93 RESIDENTIAL AND 2 )
COMMERCIAL)AND 13 COMMON ) ORDER OF CONDITIONAL
LOTS ON 25.35 ACRES OF LAND ) APPROVAL OF FINAL PLAT
IN THE R-8 AND L-O ZONING )
DISTRICTS FOR AVIATOR )
SPRINGS SUBDIVISION NO. 1. )
BY: THE LAND GROUP,INC. )
APPLICANT )
This matter coming before the City Council on May 18, 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 AVIATOR SPRINGS SUBDIVISION,
LOCATED IN THE NE 1/4 OF THE SE '/4 OF SECTION 32, TOWNSHIP 4
NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA
COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 4/7/2022, by JAMES R.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR AVIATOR SPRINGS NO. 1 FP-2022-0013
Page I of 3
WASHBURN, PLS, SHEET 1 OF 5," is conditionally approved subject to those
conditions of Staff as set forth in the staff report to the Mayor and City Council
from the Planning and Development Services divisions of the Community
Development Department dated May 18, 2022, a true and correct copy of which is
attached hereto marked"Exhibit A" and by this reference incorporated herein, and
the response letter from Matt Adams, The Land Group, Inc., a true and correct
copy of which is attached hereto marked "Exhibit B" and by this reference
incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR AVIATOR SPRINGS NO. 1 FP-2022-0013
Page 2 of 3
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the 7th day of
June , 2022.
By:
Robert E. Simison 6-7-2022
Mayor, City of Meridian
Attest:
Chris Johnson 6-7-2022
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 6-7-2022
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR AVIATOR SPRINGS NO. 1 FP-2022-0013
Page 3 of 3
Item#7.
EXHIBIT A
STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0
HEARING 5/18/2022 Legend
DATE: ff
TO: Mayor&City Council
I i��fl��,
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.IW. �
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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 116
Item#7.
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)
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B. Final Plat(dated: 4/7/22)
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Page 121
Item#7.
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, 11 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 I1-3H-4D.3.
d. All stormwater swales incorporated into required landscape areas shall comply with the
standards listed in UDC 11-3B-11 C.
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 122
Item#7.
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 123
Item#7.
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 124
Item#7.
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 125
Item#7.
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 126
Item#7.
EXHIBIT B
From: Matthew Adams
To: Sonya Allen;Charlene Wav;Chris Johnson
Cc: Bill Parsons
Subject: RE:Aviator Springs No. 1 FP-2022-0013 Staff Report for May 18th Council Meeting
Date: Friday,May 13,2022 10:32:40 AM
Attachments: imaae006.Dng
External Sender-Please use caution with links or attachments.
Sonya—
We have no objections to the staff report. Thank you
principal I landscape architect
matthew t. adams
THE LAND GROUP I thelanderouoinc.com 1208.939.4041
From: Sonya Allen <sallen@meridiancity.org>
Sent:Tuesday, May 10, 2022 2:42 PM
To: Charlene Way<cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>
Cc: Matthew Adams<matt@thelandgroupinc.com>; Bill Parsons<bparsons@meridiancity.org>
Subject:Aviator Springs No. 1 FP-2022-0013 Staff Report for May 18th Council Meeting
Attached is the staff report for the final plat for Aviator Springs No. 1. This item is scheduled to be on
the consent agenda at the City Council work session on May 18th. The meeting will be held at City
Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions.
If you are not in agreement with the provisions in the staff report, please submit a written response
to the staff report to the City Clerk's office (cityclerk(@meridiancit)l.org) and me as soon as possible
and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion.
Thanks,
Sonya Allen I Associate Planner
City of Meridian I Community Development Department I Planning Division
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 1 Direct/Fax: 208-489-0578
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Built for Business, Designed for Living
0130013
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law.
Page 127
7/tem 77
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Final Order 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 128
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: MAY 18, 2022
ORDER APPROVAL DATE: JUNE 7, 2022
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 44 BUILDING ) CASE NO. FP-2022-0004
LOTS AND 6 COMMON LOTS ON )
12.31 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL
AND R-15 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT
JUMP CREEK NO. 6. )
BY: KENT BROWN )
APPLICANT )
This matter coming before the City Council on May 18, 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"JUMP CREEK SUBDIVISION NO 6", LOCATED IN THE
SE '/4 OF THE SE 1/4 OF SECTION 28, TOWNSHIP 4N, RANGE 1W, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN
DATE: JANUARY 25, 2022, by GREGORY G. CARTER, PLS, SHEET 1 OF
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR JUMP CREEK SUBDIVISION NO 6—FILE FP-2022-0004
Page 1 of 3
4," is conditionally approved subject to those conditions of Staff as set forth in the
staff report to the Mayor and City Council from the Planning and Development
Services divisions of the Community Development Department dated May 18,
2022, a true and correct copy of which is attached hereto marked"Exhibit A" and
by this reference incorporated herein, and the response letter from Kent Brown, a
true and correct copy of which is attached hereto marked"Exhibit B" and by this
reference incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR JUMP CREEK SUBDIVISION NO 6—FILE FP-2022-0004
Page 2 of 3
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may,within twenty-
eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the 7th day of
June , 2022.
By:
Robert E. Simison 6-7-2022
Mayor, City of Meridian
Attest:
Chris Johnson 6-7-2022
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 6-7-2022
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR JUMP CREEK SUBDIVISION NO 6—FILE FP-2022-0004
Page 3 of 3
►tem#$. EXHIBIT A
STAFF REPORT C:
E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/18/2022 Legend
DATE:
letPrcAect 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 1/4
of the SE '/4 of section 28,Township 4N,
Range 1 W.
CITTTTTI
1. 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
Pagel
Page 132
Item#8.
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 133
Item#8.
V. EXHIBITS
A. Approved Preliminary Plat(date: 5/30/2014)
L.IL
Jump Creek No 4
! Lg! S2 1 —W ."Efi Fourplexes were
f -- platted on 7 lots
I m * m _ � •; 3 ay; I�; I�] ; ! whereas they were
—" — supposed to all be
on same lot
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12 remaining
X, fourplexes will be
-_ -� platted as Jump
► O
Creek No 7 at a
later date
i I JUMP CREEK NO 6
CURRENT PHASE _ El
=
.— — -- Ei
HE
Page 134
Item#8.
B. Proposed Final Plat and Annotated Final Plat(date: 1/25/2022)
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South under a separate preliminary plat for 20 lots at a later date "
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Page 4
Page 135
Item#8.
B. Approved Landscape Plan(date: 11/2/2020)
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Page 136
Item#8.
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Page 137
Item#8.
C. Open Space Exhibit(date: 3/03/2021)
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Page 7
Page 138
Item#8.
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-
613-7.
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 11-313-11C.
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 139
Item#8.
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 11-313-14A.
5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing,
landscaping, amenities,pressurized irrigation,prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final
plat signature. This surety will be verified by a line item cost estimate provided by the owner to the
City. The applicant shall be required to enter into a Development Surety Agreement with the City
of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or
bond. Applicant must file an application for surety, which can be found on the Community
Development Department website. Please contact Land Development Service for more
information at 887-2211.
7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety
Page 9
Page 140
Item#8.
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
11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be
sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the
plat referencing this document. All easements must be submitted,reviewed,and approved prior to
signature of the final plat by the City Engineer.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well
Page 10
Page 141
Item#8.
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 142
EXHIBIT B
Item#8.
Alan Tiefenbach
From: Alan Tiefenbach
Sent: Thursday, May 19, 2022 8:21 AM
To: Charlene Way; Chris Johnson
Subject: FW: FP-2022-0004 :Jump Creek No. 6 - FP - Hearing Date Notification
Jump Creek Exhibit B
Alan Tiefenbach Current Associate Planner
City of Meridian Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 1 Fax: 208-489-0571
�fE ID
Built for Business, Designed for Living
From: kent brown <kentlkb@gmail.com>
Sent:Thursday, April 28, 2022 2:59 PM
To:AccelaPlanners<AccelaPlanners@meridiancity.org>
Cc:Shawn Brownlee<shawn@trilogyidaho.com>; Alan Tiefenbach <atiefenbach@meridiancity.org>; Charlene Way
<cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>; Bill Parsons<bparsons@meridiancity.org>;
Amanda McNutt<amcnutt@meridiancity.org>; Steve O'Brien <sobrien@meridiancity.org>; Codee Krausch
<ckrausch@meridiancity.org>; Kelly Ready<kready@meridiancity.org>; Seth Oaks<soaks@meridiancity.org>;
dnell@meridiancity.org
Subject: Re: FP-2022-0004 :Jump Creek No. 6- FP- Hearing Date Notification
External Sender-Please use caution with links or attachments.
I do not think the city council is meeting on the 17th
I believe the meeting was moved to the 18th!
Right?
Kent
On Mon,Apr 25, 2022 at 4:45 PM Accela Planners<AccelaPlanners@meridiancity.org>wrote:
FP-2022-0004
Jump Creek No. 6- FP
This email is to inform you that the subject application is scheduled to be heard by the City Council on 05/17/2022.The
hearing will be held at the Meridian City Hall, 33. E. Broadway Avenue, in the City Council Chambers at 4:30 p.m.
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to
both release and retention, and may be released upon request, unless exempt from disclosure by law.
1 Page 143
Item#8.
Kent Brown
Kent Brown Planning Services
3161 E. Springwood Drive
Meridian, ID 83642
P: 208-871-6842
2 Page 144
7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for McCrea Meadow (SHP-2021-0006)
by Russell McCrea, Located at 1028 NE 3rd St.
Page 145
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION& ORDER
In the Matter of the Request for a Short plat to Create Two Buildable Lots on 0.3 Acres of Land in
the R-15 Zoning District,by Russell McCrea.
Case No(s). SHP-2021-0006
For the City Council Hearing Date of: May 18,2022 (Findings on June 7,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 18,2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 18,2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of May 18,2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 18,2022,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 MCCREA MEADOW SHP-2021-0006 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 18,2022, 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 short plat is hereby approved per the conditions of approval in the
Staff Report for the hearing date of May 18,2022,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 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two (2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
I. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of May 18,2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MCCREA MEADOW SHP-2021-0006 -2-
By action of the City Council at its regular meeting held on the 7th day of June
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 6-7-2022
Attest:
Chris Johnson 6-7-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 6-7-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MCCREA MEADOW SHP-2021-0006 -3-
►tem#9. EX H I BIT A
STAFF REPORT E IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 5/18/2022 Legend W
DATE: r
�Projeca Loco��or --
TO: Mayor&City Council I �
FROM: Alan Tiefenbach,Associate Planner
208-498-0573
SUBJECT: SHP-2021-0006
McCrea Meadow Short Plat
LOCATION: The site is located at 1028 NE 3rd St. in
the S 'h of the NW '/4 of Section 7, m F
Township 3N,Range IE. ❑ ��
F
ID LLM
I. PROJECT DESCRIPTION
The Applicant proposes a Short Plat to create two buildable lots on 0.3 acres of land in the R-15
zoning district.
II. APPLICANT INFORMATION
A. Applicant/Owner/Representative:
Russell McCrea— 1027 S. Cameron St. Boise,ID 83709
III. NOTICING
City Council
Posting Date
Newspaper Notification 05/01/2022
Radius notification mailed to
properties within 500 feet 04/27/2022
Page 1
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Item#9.
IV. STAFF ANALYSIS
The Applicant proposes a short plat to subdivide the subject property into a new plat consisting of 2
lots to allow an additional single-family residence.
The subject property is approximately 0.3 acres, is located at the northeast corner of E. Carlton Ave.
and NE 3rd St., and is zoned R-15. It is located within the Cottage Home Addition to Meridian
Subdivision,which was platted in 1897. There is an existing 1,350 sq. ft. single family residence on
the property that was constructed in 1932. The applicant requests to contain the existing residence on
a northern lot of approximately 7,700 sq. ft. and subdivide a second 4,950 sq, ft. southern lot for a
future residence.Access to the existing residence occurs from E. Carlton Ave, a local street. Access
to the new residence will occur via an existing alley at the south side of the property.
The Downtown Meridian City Core Street Cross Section Master Plan contains a template of the
portion of NE 3rd Street bordering the property. There is already curb, gutter and sidewalk along E.
Carlton Ave.NE 3rd St. from E. State Ave to E. Carlton Ave(the vicinity of the subject property)has
yet to be reconstructed, so staff is not requiring curb and gutter at this time. The applicant will be
installing a 6 ft. wide detached sidewalk,but the alignment differs from the approved road template.
This is to preserve a very large existing tree on the property. The City Arborist submitted a letter
supporting this deviation.
Existing and future water service for the properties is shown to occur from E. Carlton Ave. The
applicant's civil plans indicate sewer for the new residence to connect to an existing main in the alley
at the south.However,the City intends to install a sewer main along E Carlton Ave. within the next 5
years and sewer service will be required to connect to this main. Due to an existing carport and tree, it
does not appear there is enough room on the east side of the property to run both water and sewer
lines. As a condition of approval, staff is recommending the plat be revised to reflect a 10 ft wide
sewer easement along the western property line(within the 20 ft.wide landscape easement)to
provide sewer from E. Carlton Ave.
Alternative Compliance from UDC 11-2A-7.
UDC 11-513-5 allows alternative compliance from landscape requirements when explicit compliance
is not feasible or the alternative means is superior to what is required. The applicant has requested
alternative compliance from UDC 11-3B-7-C-3b. This requirement pertains to a minimum density
within landscape buffers of one tree per 35 linear feet. According to the applicant,the two additional
trees cannot be provided due to existing overhead power lines and a 68 ft. high, 60-inch diameter
silver maple tree with a canopy of approximately 90 ft. across.
Requests for alternative compliance are allowed only when one(1)or more of the following
conditions exist:
a. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible
or impractical;
b. The site involves space limitations or an unusually shaped lot;
c. Safety considerations make alternative compliance desirable;
d. Other regulatory agencies or departments having jurisdiction are requiring design standards that
conflict with the requirements of this article;
e. The proposed design includes innovative design features based on "new urbanism';
"neotraditional design"; or other architectural and/or site designs that promote walkable and
mixed use neighborhoods;
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Item#9.
f. Additional environmental quality improvements would result from the alternative compliance.
As the request for alternative compliance is a result of vegetation, space limitations, and removing a
mature maple tree would be an adverse environmental impact, several of the required conditions
exist.
In order to grant approval for an alternative compliance application,the Director shall determine the
following:
1. Strict adherence or application of the requirements are not feasible; or
As mentioned, a very large existing tree with a 90 ft. wide canopy makes planting additional trees
not practical.
2. The alternative compliance provides an equal or superior means for meeting the requirements;
and;
The Director finds preserving the mature tree is a preferable means to meeting the intent of the
landscape buffer requirements.As a condition of approval,the Director is requiring all
unimproved right-of-way along the property line east of the proposed sidewalk, as well as a 20 ft.
wide easement as measured from the property line,to be landscaped with lawn or other vegetative
cover and maintained by the applicant or as otherwise indicated by a license agreement between
the property owner and ACHD.
3. The alternative means will not be materially detrimental to the public welfare or impair the
intended uses and character of surrounding properties.
The Director finds the alternative means will be less materially detrimental to the public welfare
or impair the intended uses and character of surrounding properties.
Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in
UDC 11-6B-5 and deems the short plat to be in substantial compliance with said requirements.
V. DECISION
A. Staff:
Staff recommends approval of the proposed short plat with the conditions noted in Section VII of
this report. The director has approved the ALT request per the Findings above.
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Item#9.
B. The Meridian City Council heard these items on May 18,2022. At the public hearing.the Council
moved to approve the subject short plat request.
1. Summary of the City Council public hearing:
a. In favor: Russell McCrea
b. In opposition:None
c. Commenting: Russell McCrea
d. Written testimony:None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. Council removed Condition lb regarding requiring the 10 ft. wide sewer line easement.
Staff explained this requirement was determined unnecessary. Because it would be a
private line, it would be up to the applicant to determine the best location.
VI. EXHIBITS
A. Proposed Short Plat(date: 2/l/22)
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Item#9.
BEING A REPLAT OF LOTS 7AND 8 AND A PART OFL OT9 OF BLOCK6 OF COTTAGE HOME
ADDITION TO M9ERIDIAN,LOCATED IN THE S 112 OF THENW 114 OF SECTION7, TOWNSHIP 3
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Page 5
Page 153
Item#9.
B. Proposed Site Plan(date: 1/31/2022)
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.1 I 6 13 O PER CITY SiANDAR SArRECONNER ECT EX. SERVICE LINE ICE WITH NEW ETOALOT TER SERVICE
V 1.0 WATER SERVICE LINE TO SERVE LOT 2
NEW SEWER SERVICE TAP TO SERVE LOT 1
OINV. 8"0=2596.69
W. 4"0 TAP-2597.49
4 65 LF 4"0 SEWER SERVICE LINE
SLOPE=2.0%
CONNECT TO EXISTING SEWER SERVICE LINE
5 NV. 4"=2599.2C t
CONTRACTOR TO VERIFY HOR17 &VERT LOCATION AND OBTAIN ALL
NECESSARY PERMITS PRIOR TO CONSTRUCTION.
ONEW GAS SERVICE TAP TO SERVE LOT 1
�7 NEW GAS SERVICE LINE TO SERVE LOT 1
ORETAIN EXISTING SEWER SERVICE FROM LOT 1 TO SERVE LOT 2
ORETAIN EXISTING GAS SERVICE FROM LOT 1 TO SERVE LOT 2 (BY GAS CO.)
10 10' WIDE EASEMENT FOR UTIILITY SERVICES TO LOT 1
11 10'WIDE EASEMENT FOR UTILITY SERVICES TO LOT 2
12 15• WIDE EASEMENT FOR VTIILITY SERVICES TO LOT 1
13 TYPE 'C' SURFACE RESTORATION (GRAVEL ROADWAY) PER II SD-303
1¢ RELOCATE CHIP TO BURIED LINE TO SERVICE LOTS 1& 2 (BY ID. POWER)
15 RETAIN AND PROTECT EXISTING GRAVITY IRRIGATION PIPE AND ORCHARD
VAVLES FOR GRAVITY IRRIGATION DELIVERY TO LOTS I AND 2
16 6' WIDE CONCRETE SIDEWALK PER SD-709 (ACHD SUPP. TO ISPWC)
17 MATCH TO EXISTING SIDEWALK
19 RETAIN AND PROTECT EXISTING TREE AND TREE ROOTS
INSTALL TACTILE WARNING SURFACE (TWS) FOR PEDESTRIAN ACCESS PER
19 SD-712 (ACHD SUPP.TO ISPWC)
Page 6
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Page 7
Item#9.
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. The short plat prepared by Kyle Koomler of Civil Survey Consultants,Inc included in
Section VI.B shall be revised as follows:
a) A 20 ft. landscape easement as measured from the property line shall be indicated
along the western property line. Landscape easement shall be vegetated in accord
with UDC 11-313-7 unless alternative compliance has been approved by the
Director.
b) A 10 ft.wide sewer-easement eonneeting to E.Carlton Ave. shall be r-efleeted
within the landseape easement along the western property line.
2. All unimproved right-of-way along the property east of the proposed sidewalk, as well as the
20 ft. wide landscape easement shall be landscaped with lawn or other vegetative cover and
maintained by the applicant or as otherwise indicated by a license agreement between the
property owner and ACHD.
3. If the City Engineer's signature has not been obtained within two(2)years of the City
Council's approval of the short plat,the short plat shall become null and void unless a time
extension is obtained,per UDC 11-613-7.
4. The applicant shall provide underground,pressurized irrigation water as required by UDC I I-
3A-15 or shall submit a waiver request to the City Engineer to retain the existing flood
irrigation system prior to signature on the short plat.
5. Per UDC I I-5B-5B2,the Director(at the applicant's request)approved alternative
compliance regarding UDC 11-2A-7 to not require additional trees to be planted within the
landscape buffer along NE 3rd St.
6. Existing and future development shall comply with the dimensional standards of the R-15
zoning district.
7. Future development shall be consistent with the East 3Rd Street Section of the Downtown
Meridian City Core Street Cross Section Master Plan.
8. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals
as noted in condition 3. above, does not relieve the Applicant of responsibility for compliance.
B. Public Works
Site Specific Conditions:
I. The sewer line in the alley way will be abandoned and a new sewer main will be constructed
in Carlton Ave in the next few years. Due to this,the applicant must install dry sewer main
lines for both properties to Carlton for easy connection to the future sewer main.
2. If the dry sewer service is brought along the east side of the property, a 15-foot-wide
easement will be required for water and sewer services running parallel. Locate water and
sewer services at least 4 feet from the edge of the easement and provide a minimum of 6 feet
of separation between services. Alternatively, a sewer service could be run along the west
side of the property. In this case, only a I0-foot-wide easement would be needed.
Page 8
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Item#9.
3. Ensure no permanent structures including but not limited to buildings, carports, infiltration
trenches, fences,trees, shrubs, etc. are within any City utility easement.
4. A streetlight plan is required to be provided for this project.
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. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety
agreement may be approved as set forth in UDC 11-5C-3C.
9. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
10. It shall be the responsibility of the applicant to ensure that all development features comply with
Page 9
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Item#9.
the Americans with Disabilities Act and the Fair Housing Act.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-I 4B.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
15. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 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
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Item#9.
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.
VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE
In consideration of a short plat,the decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified
Development Code;
The Comprehensive Plan designates the future land use of this property as Old Town. The current
zoning district of the site is R-15. The proposed short plat complies with the Comprehensive Plan
and is developed in accord with UDC standards.
B. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Council finds that public services are adequate to serve the site.
C. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
Council finds that the development will not require the expenditure of capital improvement funds.
All required utilities are being provided with the development of the property at the developer's
expense.
D. There is public financial capability of supporting services for the proposed development;
Council finds that the development will not require major expenditures for providing supporting
services. The developer and/or future lot owner(s) will finance improvements for sewer, water,
utilities and pressurized irrigation to serve the project.
E. The development will not be detrimental to the public health, safety or general welfare; and
Council finds the proposed short plat will not be detrimental to the public health, safety or general
welfare.
F. The development preserves significant natural, scenic or historic features.
Council is not aware of any significant natural, scenic or historic features associated with the
development of this site.
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Item#10.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for Pavilion at Windsong (H-2021-0102)
by Kent Brown, Located at the Northwest Corner of W. Ustick Rd. and N. Linder Rd.
Page 160
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION& ORDER
In the Matter of the Request for Rezoning of 3.42 Acres of Land from the CC Zoning District to the
R-40 Zoning District,Preliminary Plat on the Entire 4.77-Acre Property to allow 33 Residential
Lots,2 Lots for 2 Vertically-Integrated Buildings Containing 12 Residential Units, and One
Commercial Lot,Conditional Use Permit to allow Townhouses in the R-40 Zoning District,and
Development Agreement Modification to Enter into a New DA to allow the Proposed Development,
by Kent Brown.
Case No(s). H-2021-0102
For the City Council Hearing Date of: May 18,2022 (Findings on June 7,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 18,2022,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 18,2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of May 18, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 18,2022, 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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PAVILION AT WINDSONG-FILE#H-2021-0102)
- 1 -
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 18,2022, 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 rezoning,preliminary plat,conditional use permit and development
agreement modification is hereby approved per the conditions of approval in the Staff Report
for the hearing date of May 18,2022, 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 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up
to two (2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
613-7C).
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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PAVILION AT WINDSONG-FILE#H-2021-0102)
-2-
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
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 § 67-6521(1)(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 May 18,2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PAVILION AT WINDSONG-FILE#H-2021-0102)
-3-
By action of the City Council at its regular meeting held on the 7th day of
June , 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 6-7-2022
Attest:
Chris Johnson 6-7-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 6-7-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PAVILION AT WINDSONG—FILE#H-2021-0102)
-4 Page 164
►tem#,o. EX H I BIT A
STAFF REPORTC�WE IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 5/18/2022 Legend
DATE:
Pro.ev oc❑L o� -
TO: Mayor&City Council IL�IJJ T ---
FROM: Alan Tiefenbach,Associate Planner
208-884-5533 �J
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SUBJECT: H-2021-0102
Pavilion at Windsong W Sn CK-RD --
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LOCATION: 1680 W.Ustick Rd. ._
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I. PROJECT DESCRIPTION
The applicant proposes the following:
• Rezone of 3.42 acres of land from the CC zone to R-40 zone;
• Preliminary Plat on the entire 4.77-acre property to allow 33 residential lots,2 lots for 2
vertically-integrated buildings containing 12 residential units, and one commercial lot;
• Conditional Use Permit to allow townhouses in R-40 zoning district; and,
• Development Agreement Modification to enter into a new DA to allow the proposed
development.
Note: The Applicant is also applying for private streets in a portion of the project. This application
is reviewed and approved by the Director, Council action is not required.Analysis of the private
street design is provided below in section Y.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 4.77 acres
Future Land Use Designation Mixed Use Community
Existing Land Use(s) Vacant
Proposed Land Use(s) Multifamily,Vertically Integrated Residential Project,
Commercial
Lots(#and type;bldg./common) 33 residential lots,2 lots for 2 vertically-integrated
buildings, 1 commercial lot, 10 common lots
Phasing Plan(#of phases) One
Page 1
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Item#10.
Description Details Page
Number of Residential Units(type 33 townhouses, 12 vertically-integrated units.
of units)
Density(gross&net) 9.4 du/acre
Open Space(acres,total 16.1%(0.77 ac)
[%]/buffer/qualified)
Amenities Neighborhood Park, 10 ft.wide regional pathway
Physical Features(waterways, Five-mile creek floodway is at the southwest corner of the
hazards,flood plain,hillside) property to the south and west(but not on the property).
Creason Lateral traverses a small portion of the site at the
southwest corner. The lateral has already been piped in this
area
Neighborhood meeting date;#of November 29,20216—neighbors opposed W. Crosswind
attendees: St.being connected.
History(previous approvals) AZ-09-005,DA Inst# 11031366,Buyrite Apartments(H-
2018-0096);MDA H-2019-0092(not recorded),CUP H-
2019-0094
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
• Traffic Impact Stud es/no No
Access(Arterial/Collectors/State Access will occur from N.Linder Rd(arterial),W.
Hwy/Local)(Existing and Proposed) Crosswind St(local)and N.Wafting Ln(northern stub).
Traffic Level of Service Better than"E"
Stub Street/Interconnectivity/Cross A northern stub is provided(N.Wafting Ln)
Access
Existing Road Network W.Ustick Rd.,N.Linder Rd.,W.Crosswind St.
Existing Arterial Sidewalks/ N.Linder Rd.and W.Ustick Rd.have 7 ft.wide sidewalk.
Buffers
Proposed Road Improvements Both W.Ustick Rd and N.Linder Rd are fully improved,
although the applicant will be required to install 25 ft.wide
landscape buffers.
Distance to nearest City Park(+ 115 mile to Settlers Park
size
Fire Service
• Distance to Fire Station 1.6 miles from Station 2
• Fire Response Time <5 minutes
• Resource Reliability >80%
• Risk Identification 2
• Accessibility Acceptable
• Special/resource needs Aerial device will be needed
• Water Supply r 1,000 gpm per hour
• Other Resources
Police Service
No comments
Wastewater
• Comments • Flow is committed
Page 2
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Item#10.
Description Details Page
• Sewer must have at a minimum 3'of cover over top of
the pipe.This is not met at manhole SSMH A6.
• Water and sewer in parallel require a 30'easement.24'
road does not provide adequate space.
• Ensure no permanent structures(trees,bushes,
buildings,carports,trash receptacle walls,fences,
infiltration trenches,light poles,etc.)are built within
the utility easement.
• Ensure no sewer services pass through infiltration
trenches.
Water
• Distance to Water Services 0
• Pressure Zone 2
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns • Eliminate the deadend water main in W Wind Gust Ln
by ending the water main at N Twister Ln and then
running water services to the remaining units off of W
Wind Gust Ln.
• Eliminate the deadend water main in W Whirl Wind
Ln by ending the water main at N Quall Ln and then
running water services to the remaining units off of W
Whirl Wind Ln.
• Eliminate the water main in the"drive through"within
the CC zoning.
• Eliminate the water main that is cutting through
Building B
• Connect water to the existing stub off Linder Road.
Grocery Store 1.5 mile+/-to grocery store and other goods and services.
Page 3
Page 167
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III. APPLICANT INFORMATION
A. Applicant/Representative:
Kent Brown—3161 E. Springwood Dr,Meridian,ID 83642
B. Owner:
Rama Group LLC— 1548 W. Cayuse Creek Cr, Ste 100,Meridian,ID 83646
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Notification published in
3/1/2022 5/1/2022
newspaper
Notification mailed to property
owners within 500' 3/28/2022 4/27/2022
Applicant posted public hearing
notice sign on site 3/7/2022 5/6/2022
Nextdoor posting 2/28/2022 4/27/2022
V. STAFF ANALYSIS
The subject property is 4.77 acres and is presently zoned C-C. The property was annexed into the City
and zoned to C-C in 2009(Inst. #110031366,JJA Land,AZ-09-005). At the time of annexation
approval, specific details for how the site was to develop were not provided. The recorded
development agreement requires those details to be provided when the property is subdivided.
In 2019,the property was proposed for a Development Agreement Modification and conditional use
to allow a mix of uses including multi-family, a self-service storage facility, office and retail uses.
During the October 1,2019 City Council meeting,there were concerns discussed with the multi-
family component in regard to transition in density,height of buildings(3 stories), overcrowding of
schools,traffic, and desire for more neighborhood serving uses to be provided in the area. The
Planning Commission did approve the self-storage use but strongly recommended retail uses at the
northeast corner of the site. Council approved the development agreement modification only for the
self-storage and commercial uses, and prohibited multifamily on the site. The development agreement
modification was never recorded and no construction has occurred on the property.
This proposal is to rezone 3.42 acres of the subject property from CC to R-40, and a preliminary plat
for 33 townhouse lots, 2 lots for 2 vertically-integrated buildings with 6 residential units each
(commercial and residential), 1 commercial lot, and 10 common lots. A conditional use is also
required for townhouses in the R-40 zoning district. As mentioned above,because specific details
regarding development were not provided with the annexation, a development agreement
modification is required for any development of the site. This proposal also includes a request for
private streets because some of the units front on a mew.
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Item#10.
A. Development Agreement Modification
The existing Development Agreement(DA) (Inst. #110031366, JJA Land,AZ-09-005)was
approved in 2009. At the time of annexation approval, specific details for how the site was to
develop were not provided. The recorded development agreement requires those details when the
property is subdivided. The terms of the existing DA are included below in Section VI.B. A legal
description and exhibit map subject to the new DA are included below in Section VI.A.
The Applicant desires to enter into a new DA to allow a development consisting of 33
townhouses on 33 lots,2 vertically-integrated buildings on two lots(12 residential units total),
and one 18,236 sq. ft. commercial lot with a 2,000 sq. ft. +/-building. The applicant has
submitted a preliminary plat, conceptual site plan, landscape plan and building elevations for all
proposed buildings. These will be included as part of the new development agreement.
B. Zoning
The property is presently zoned C-C. The applicant proposes to rezone approximately 3.42 acres
at the north and west to R-40 to allow townhomes. Townhomes are allowed in the R-40 zoning
district by conditional use. The applicant proposes to retain the remaining 1.28 acres+/-as C-C to
construct two 9,200 sq. ft.vertically-integrated buildings, each with 6 residential units as well as
commercial uses. The applicant also proposes an approximately 2,000 sq. ft. commercial building
at the southwest corner of W. Crosswinds St. and N. Linder Rd. Both of the uses are principally
permitted in the C-C zoning district.
C. Future Land Use Map Designation(https:llwww.meridiancitE.or lccoompplan)
The FLUM designates the property for Mixed Use Community. The purpose of this designation is
to allocate areas where community-serving uses and dwellings are seamlessly integrated into the
urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly
single-use and strip commercial type buildings. Employment opportunities for those living in and
around the neighborhood are encouraged.
The Comprehensive Plan describes components of what would be considered mixed use.
Elements pertinent to this proposal include:
• At least three types of land uses;
• Higher density residential development is encouraged when there is a potential for an
employment center;
• Mixed Use areas typically being developed under a master or conceptual plan; during an
annexation or rezone request, a development agreement;
• Transitional uses and/or landscaped buffering between commercial and existing low-or
medium-density residential development;
• Being centered around spaces that are well-designed public and quasi public centers of
activity. Spaces should be activated and incorporate permanent design elements and
amenities that foster a wide variety of interests ranging from leisure to play. These areas
should be thoughtfully integrated into the development and further placemaking
opportunities considered; and,
• All mixed-use projects being accessible to adjacent neighborhoods by both vehicles and
pedestrians. Pedestrian circulation should be convenient and interconnect different land
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Item#10.
use types. Vehicle connectivity should not rely on arterial streets for neighborhood
access.
In addition,the Plan discusses the following additional pertinent requirements for mixed use
community:
• Residential uses should comprise a minimum of 20%of the development area at gross
densities ranging from 6 to 15 units/acre;
• Vertically integrated structures are encouraged;
• Unless a structure contains a mix of both residential and office, or residential and
commercial land uses, maximum building size should be limited to a 30,000 square foot
building footprint. For community grocery stores, the maximum building size should be
limited to a 60,000 square foot building footprint;
The applicant submitted a conceptual plan as part of this application. The application reflects
three types of uses,with the majority of the residential portion of the development clustered
around a central open space. Two of the buildings (Buildings G&H) are proposed as
vertically-integrated structures. More than 20%of the development area is proposed as
residential at a gross density of 9.4 du/acre,A 2,000 sq. ft. commercial building with a drive
through establishment is also proposed(shown as a pad site). The development is connected
to adjacent neighbors through sidewalks, green spaces and the Five Mile Pathway.
Staff supports the inclusion of vertically integrated projects into this development. This is a
unique style of housing, is characteristic of a mixed-use development, and would provide
employment opportunities for those living in and around the neighborhood. However, staff
believes the vertically-integrated structures would be more appropriate on the north side of
W. Crosswind St.where Buildings A and B are presently shown. This would better integrate
with the commercial pad and reduce the impact of traffic in the townhome portion of this
development.
Staff does have concerns that the vertically integrated buildings could build out in the future
as merely townhouses with no commercial component,resulting in this development being
only a residential development with a drive-through establishment. As the property is
presently zoned C-C, staff is also concerned about the loss of additional commercially-viable
property. As a condition of approval,staff recommends a requirement that at time of
building permit,the ground floors of all vertically-integrated buildings meet occupancy
class requirements for commercial structures.
The concept plans show a townhouse row indicated as"Building D"along the western
property line as close as 30 feet from existing residences. Staff does have concerns with the
impact of a"wall effect"of these townhomes on the Windsong No 2 Subdivision. As a
condition of approval,staff recommends Building D be broken into at least two groups
of buildings,with the break occurring approximately in the vicinity of Lot 19,Block 3 of
the Windsong Subdivision No 2.
D. Comprehensive Plan Policies (https://www.meridianciU.orglcompplan):
• Encourage diverse housing options suitable for various income levels,household sizes, and
lifestyle preferences. (2.01.01)
This development proposes 33 townhouses and 12 residential units within vertically-
integrated buildings. This would increase the housing diversity in the area.
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Item#10.
• Avoid the concentration of any one housing type or lot size in any geographical area;provide
for diverse housing types throughout the City. (2.01.01 G)
This development proposes townhouses and vertically-integrated residential units within an
area comprised of a large amount of single family detached to the south, east and west, a
commercial center directly across N. Linder Rd to the east(Sawtooth Landing) and a newly
developing mixed density residential development at the southeast corner off. Linder Rd and
W. Ustick Rd(Lennon Pointe).
• Establish and maintain levels of service for public facilities and services, including water,
sewer,police,transportation, schools, fire, and parks (3. 02.01 G).
All public utilities are available for this project site due to existing facilities abutting the site.
This project also lies within the Fire Department response time goal of S minutes. Linder and
Ustick Roads are currently built at their ultimate anticipated widths directly abutting the site.
• Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity(2.02.01D).
As will be discussed below, sidewalks are included on both sides of the public roads (W.
Crosswind Street and the northern stub) but only sections of the private roads include
sidewalk. Staff does not object because the development is aligned around a central open
space and other green spaces in such a manner that all portions of the development and
surrounding neighborhoods can be accessed by foot with a minimum of walking in the private
streets. The applicant is also providing a 10 ft. wide pathway connecting to the Five-Mile
Pathway.
• Encourage infill development. (3.03.01E)
The subject property is located on an arterial intersection, and is surrounded by the City of
Meridian to the east, west and south. Land uses in the area include detached single family,
multifamily (Lennon Point Community to the southeast) and multiple office buildings directly
across N. Linder Rd to the east(Sawtooth Landing). This would be considered an infill
development.
• Encourage and support mixed-use areas that provide the benefits of being able to live, shop,
dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall
livability and sustainability. (3.06.02B)
As this development is comprised of three different uses, including vertically integrated
residential buildings, it would be considered a mixed-use development. Numerous
commercial uses are within a mile of the property.
E. Existing Structures/Site Improvements:
The property is currently vacant.
F. Proposed Use Analysis:
Townhouses are allowed by conditional use in the R-40 zoning district and vertically-integrated
structures are a principally-permitted use in the C-C zoning district.Although it has not been
determined what type of future use would occur on the commercial lot at the southwest corner of
W. Crosswinds St and N. Linder Rd,the concept plan suggests a drive through establishment. If
this drive-through is proposed in the future, it will require the approval a conditional use permit.
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Item#10.
G. Specific Use Standards (UDC 11-4-3):
UDC 11-4-3-41 requires vertically integrated residential projects to be at least two stories,with at
least 25%of the gross floor area being residential.None of the required parking is to be located in
the front of the structure. The minimum footprint is 2,400 sq. ft.,and the specific use standards
lists the types of uses that are allowed.
The site plan and building elevations reflect two 9,200 sq ft. +/-three-story vertically-integrated
buildings fronting W.Ustick Rd. and N. Linder Rd,with parking provided within the
development, not in front of the buildings.
As mentioned above, staff believes the vertically-integrated buildings would be more appropriate
on the north side of W. Crosswind St.verses located at the southwest portion, directly on the
intersection. This would allow the mixed-use buildings to provide a better transition between
commercial and residential uses,promote better walkability with the residential to the west, and
minimize traffic in the townhome area.
Also,based on the building elevations submitted, staff is unsure what is being proposed is
"vertically integrated residential buildings"as much as additional townhouses or a"work/live"
arrangement that could remain entirely residential. As a condition of approval, staff recommends
a requirement that at time of building permit,the ground floors of vertically-integrated buildings
meet occupancy class requirements for commercial structures.
The concept plan suggests a drive through establishment. As it will be within 300 feet of a
residential zone district, a drive through establishment in this location will need approval through
a conditional use permit per UDC 11-4-3-11.
H. Dimensional Standards(UDC 11-2):
The R-40 zoning district requires a minimum lot size of 1,000 sq. ft., 25 ft.wide landscape
buffers along arterial roads (W.Ustick Rd. and N. Linder Rd.)a 10 ft. street setback from local
streets(W. Crosswinds St.), internal side setbacks of 3 ft.rear setback of 12 ft. and allows
building heights of up to 60 ft. The C-C zoning district has the same landscape buffer requirement
and limits building heights to 50 ft. Staff notes it does not appear the 10 ft. landscape buffer
requirement is met along W. Crosswind St in the location of the commercial pad.
In the area proposed for R-40,the preliminary plat indicates lot sizes of at least 1,600 sq. ft., all
setbacks are satisfied,the buffer is shown on the landscape plan, and the heights of the
townhouses do not exceed 35 ft. The building elevations of the vertically-integrated buildings
appear to be within the 50 ft. height limitation, although it is not specified on the elevations.
Design will be assessed in detail at time of design review or certificate of zoning compliance.
I. Access (UDC 11-3A-3, 11-3H-4):
The subject property is located at the northwest corner of N. Linder Rd and W. Ustick Rd.,both
arterials. There is an existing local road,W. Crosswind St.,which serves the adjacent Windsong
Subdivision to the west and presently stubs to the subject property.
The sections of N. Linder Road and W.Ustick Rd abutting the subject property are improved
with 5-travel lanes, curb, gutter, and 7-foot wide attached concrete sidewalk. Both presently
operate at a Level of Service"B",which is considered acceptable. W.Ustick Road is scheduled to
be widened to 5-lanes from Ten Mile Road to Linder Road in 2024. Design for widening N.
Linder Rd. to 5-lanes from Chevy Road to Ustick Road is planned for 2025, although a
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Item#10.
construction year is not in the IFYWP at this point.ACHD has noted this development is
estimated to generate 341 vehicle trips per day.
This development would include closing an existing access on N. Linder Rd and creating a new
access from W. Ustick Rd. approximately 250 ft. to the north. This would occur by extending W.
Crosswind St. across the subject property to N. Linder Rd. Although ACHD typically discourages
new local streets from intersecting arterials,ACHD supports the connection noting it would
provide additional access for emergency services and circulation for the site and existing
subdivisions located north and west of the site. There is also a northern stub proposed to the
property at the north,which is not presently in the City.
Except for W. Crosswinds St,which would be a local street built to the typical 33-foot wide local
street section, all the remaining roads in this development are proposed to be private roads. The
preliminary plat reflects the private roads south of W. Crosswind St. meet the 24 ft. minimum
required width. Required findings for private roads are discussed in the findings in Section IX.
On the north side of W. Crosswind St.,the plat indicates a private alley(east-west) and N. Puff
Ln(north-south).Neither of these roadways meet minimum requirements. Alleys need to connect
on both ends to serve as fire lanes,whereas the alley that is shown north of Buildings A&B
dead-ends to the east. Also,N. Puff Ln is shown to be 23 ft. in width whereas 24' ft is the
minimum. The applicant should revise this portion of the plat to meet the requirements of UDC
11-6C. This could be done by widening the alley and N. Puff Ln to at least 24 ft. in width, or
converting the"alley"to a common drive and removing units to comply with the maximum
allowed number of units allowed per UDC 11-6C-3-D(4 total,with no more than 3 on one side).
The applicant should note if Buildings A&B were converted to vertically-integrated
residential projects fronting along W. Crosswind St.,the alley could be redesigned as a 25-
foot wide commercial drive aisle as long as it met the requirements of UDC 11-3C-5. This
would increase the commercial uses desired in the area. If the applicant is amenable to this
request, staff would recommend that the concept plan be modified prior to the City Council
hearing.
NOTE: If additional Vertically Integrated Residential is proposed at the north,it will
require the applicant to submit revised legal description to reduce the proposed R-40 zoned
area because vertically-integrated residential projects are a conditional use in this zone.
J. Parking(UDC 11-K):
For townhouses of 2 bedrooms or less,2 parking spaces are required, at least 1 in an enclosed
garage. For townhouses of 3-4 bedrooms,4 per dwelling unit is required,with two of them being
in an enclosed garage. Parking for vertically integrated residential units ranges from 1 to 4
parking spaces depending on the number of bedrooms(not required to be covered) in addition to
one space for every five hundred(500) square feet of gross floor area for the commercial portion.
The site plan and elevations reflect all townhouse units are wide enough to have 2-car garages,
and most have a pad in the front that meets minimum dimensional requirements for 2 cars (20 ft.
by 20 ft.). Buildings A and B on the north side of W. Crosswind St. do not have pads that meet
the minimum requirement to be counted as parking and therefore should be no more than 2-
bedrooms each. There are 8 additional parking spaces shown on either side of the central open
space to account for guest parking.
The commercial lot indicates a building of approximately 2,000 sq. ft.,which would require 4
parking spaces; 11 parking spaces are provided at the west and south sides of the building. The
12 vertically-integrated units would require at least 12 parking spaces if all residential units were
one bedroom,but the commercial spaces will also require parking spaces based on the amount of
gross floor area dedicated to commercial. The elevations show all vertically-integrated units
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Item#10.
contain a two-car garage with 14 additional parking spaces provided directly adjacent to an across
from the buildings. A shared-parking agreement between the commercial use and the vertically-
integrated buildings should be submitted at time of Certificate of Zoning Compliance(CZC).
Parking will be reviewed in detail at time of certificate of zoning compliance or building permit.
K. Pathways( UDC 11-3A-8):
There are 7 ft. wide attached sidewalks existing along N. Linder Rd. and W. Ustick Rd. The Five
Mile Pathway parallels the creek at the west terminating at the subject property. This proposal
includes 10 ft. wide pathways along both N. Linder Rd and W. Ustick Rd., connecting to the
existing Five Mile Pathway.
Staff supports providing multiuse pathways but finds the configuration as proposed redundant and
unnecessary. At the east along N. Linder Rd.,the plans propose a 10 ft. wide pathway directly
adjacent to the existing 7 ft.wide sidewalk. Similarly,the applicant proposes to provide a 10 ft.
wide pathway slightly offset from the existing sidewalk on W.Ustick Rd. In order to reduce
impervious surfacing, unnecessary construction and increase landscaping, staff believes it is
unnecessary to provide the additional pathway along N.Linder Rd and that the existing 7
ft.wide attached sidewalk should remain. The sidewalk along W.Ustick Rd should be
widened to 10 ft.wide,the pathway shown directly south of Building H should be
eliminated,and the connection between the existing Five Mile Creek Pathway and the W.
Ustick Road Pathway should be shifted further to the west(this has been red-marked on the
concept plan shown in Exhibit IX).Also,staff has concerns with the multiple walkways
connecting Buildings G and H to the pathways.For less conflict points,staff recommends
the plans be revised to include only one walkway connection to the pathways from each
building.
L. Sidewalks (UDC 11-3A-17):
This proposal includes private streets within this development except for W. Crosswind St
(collector)and what is shown as an alley at the northern perimeter or the property.UDC 11-3F-4
does not require sidewalks along private street streets in residential areas. Although the concept
plan shows only portions of the private streets contain 4 ft. wide sidewalks,the development is
clustered in such a way that pedestrian access is possible throughout the development by either
pathways, sidewalks or across green space without the need to walk in the street.
5 ft.wide sidewalks are provided along both sides of W. Crosswind St., and the stub street to the
north. As discussed in the pathways section above, 10 ft. wide multi-use pathways are being
provided along W. Ustick Rd. and N. Linder Rd.
M. Parkways(UDC 11-3A-17):
No parkways are proposed with this development.
N. Landscaping(UDC 11-3B):
A 25-foot wide street buffer is required adjacent to N. Linder Road and W. Ustick Road. Buffers
are required to be landscaped per the standards listed in UDC 11-313- 7C.UDC 11-313-7 requires
all residential subdivision street buffers to be on a common lot,maintained by a homeowners'
association. Pathways are required to be landscaped with a landscape strip a minimum of five(5)
feet wide along each side of the pathway. It does appear landscape buffers of at least 25 ft. in
width are provided along both arterials although they are not dimensioned. However,it does not
appear either landscape buffer meets the minimum landscaping standards of at least one tree per
every 35 ft. as there are long sections of arterial buffer without trees. It is also ambiguous
regarding whether a common lot(s)has been included for the entire length of both landscape
buffers,particularly along the N. Linder Rd frontage.
Page 11
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Item#10.
The concept plan as submitted indicates an alley or private drive directly abutting the
residentially-zoned parcel to the north.To provide buffering and a softer transition, staff
recommends a 5 ft.wide landscape buffer in this area,landscaped as required by UDC 11-
313-8.
O. Qualified Open Space(UDC 11-3G):
As the property is less than 5 acres in size, it is exempt from required qualified open space.
However,the applicant has provided an open space exhibit, and the plat indicates 16%of
qualified open space is provided. This includes a 9,500 sq. ft. central open space with a gazebo,
although it appears some of what is shown as"qualified open space"does not meet the minimum
dimensional requirements, such as parking spaces included into the exhibit.
P. Qualified Site Amenities(UDC 11-3G):
As mentioned above,the property is less than 5 acres in size so it is exempt from the qualified
open space requirements. Townhouses (each unit on an individual lot)are considered single
family residential, so the multifamily amenity requirements do not apply. However, an
approximately 9,500 sq. ft. central open space is provided with a gazebo. As one of the objectives
of the Mixed-Use Community designation is for open spaces to be centered around spaces that
are well-designed public and quasi-public centers of activity, at time of CZC or plat public
accessibility should be specified in the CC&Rs, maintenance agreement or property owner's
association agreement.
Q. Waterways(UDC 11-3A-6):
The Creason Lateral traverses a small portion of the site at the southwest corner. The lateral has
already been piped in this area, and it is within a common lot on the Plat.
R. Utilities(UDC 11-3A-21):
Public utilities will be provided from the Windsong Subdivision to the east. A public utilities plan
was submitted with this development. The Applicant is required to provide a pressurized
irrigation system for the development in accord with 11-3A-15.
S. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Building elevations has been submitted with this application. The elevations show townhouses
comprised of materials consisting of rock, cement board and hardie board, lap siding,with
pitched roofs, exposed timber frame and trellis features,with stone bases. Windows are included
on many of the garage doors. The elevations demonstrate significant fenestration and modulation
as well as a variety of roofline variation. Most buildings also include first floor covered porches
and second story decks.
Staff finds the elevations as proposed demonstrate high quality design,but the elevations of the
vertically-integrated structures reflect a townhouse design rather than a commercial business. If
the Planning Commission and City Council believe it important for vertically integrated
buildings to include at least some portion of commercial use, as already mentioned,staff
recommends a condition that at time of building permit,the ground floors of all vertically-
integrated units meet occupancy class requirements for commercial structures.
Page 12
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Item#10.
VI. DECISION
A. Staff:
Staff recommends approval of the requested rezone,preliminary plat, development agreement
modification and conditional use permit with the provisions as noted in Section VII.A per the
findings in Section IX of this staff report.
B. This application was originally scheduled for the March 17,2022 Planning Commission
meeting.It was continued to April 7,2022 at the request of the applicant so the applicant
could address staffs recommendations.At the April 7,2022 Planning Commission meeting,
the Commission moved to recommend approval to the City Council of the subiect
development agreement modification,rezoning,preliminary plat and conditional use
request.
1. Summary of the Commission public hearing:
a. In favor: Kent Brown,Kevin Amar
b. In opposition: Kristen Schiller(citizen),Melinda Akhbari(citizen)
c. Commenting: Kent Brown,Kevin Amar
d. Written testimony: Mike and Sandi Archibald
K. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. Density
b. Traffic impacts to the Windsong Neighborhood associated with connecting W.
Crosswind St. and whether any traffic calming could be implemented.
3. Key issue(s) of discussion by Commission:
a. Size of the office space in the vertically integrated buildings
b. Whether the vertically integrated buildings were for sale or for rent.
C. Whether the commercial spaces have direct access into the house.
d. Discussion regarding stacking of the drive through establishment
e. Whether the density proposed was appropriate
f. Commission decided they preferred the vertically integrated buildings in the
locations proposed by applicant.
4. Commission changes)to Staff recommendation:
a. A short plat to condominiumize the vertically integrated buildings shall be
required prior to certificate of zoning compliance.
b. Delete staffs recommendation to move vertically integrated buildings on north
side of W. Crosswind St.
c. Exterior facades of vertically integrated buildings shall integrate brick or stone on
the bottom level.
C The Meridian City Council heard these items on May 18,2022.At the public hearing, the
Council moved to approve the subject rezoning, preliminary plat. conditional use
permit and development agreement modification requests.
1 Summary of the City Council public hearing:
a In favor: Jeremy Amar,Biltmore Company, Kent Brown
1h In opposition: None
c, Commenting: Jeremy Amar,Biltmore Company,Kent Brown
d. Written testimony: None
& Staff presenting application: Alan Tiefmnch
f. Other Staff commenting on application: None
Page 13
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Item#10.
I Key issue(s) of public testimony:
& None
_ key issues) of discussion by City Counc'
& Questions regarding narking
h.. Discussions regarding code requirement prohibiting narking from being in front
f vertically-integrated structures.
-c, Discussion regarding number of lots that could be subdivided under a condo plat.
d. Reservations regarding giving up additional commercial land for residential.
-e� Concerns with whether there were plans for a drinking establishment in the
vertically integrated buildings.
4 City Council change(s)to Commission recommendation:
Revised Condition 1.C. to require condo plat prior to certificate of occupancy.
h Added DA prohibition on drinking establishments in the vertically integrated
it in
Page 14
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Item#10.
VII. EXHIBITS
A. Rezone Legal Description and Exhibit
Le-gal Description
PAIN Subdivision Prop" Rezone—R-40
A parcel located in the SE Ya of the SE'/d of Section 35. Township 4 North, Range 1 Writ, Boise
Meridian..Ada County. Idaho. arid more particurarly desObed as follows:
Commencing at a Brass Cap monument rnarkrng the southeast corner of said SE 1/4 et the SE
V..from which a 5/0 inch rebar marking the southwest corner of the 6E l of said Section 35 bears
N Sg°14'45-VV a distanw of 2643.85 feet;
Thence N 89'14'46" VV aloog the southerly boundary 4�)f said SE 'It of the SE 'K8 a distance of
244.80 feet to the POINT OF BMNNING.
Thence continuing N 59`14'45' VV song the southerly boundary of said SE Y< of the SE N a
distance of 145.20 feet to a point,
Thence leaving said southerly boundary N 0'1519' E along the easterly boundary and the
extension thereof of indsong Subdivision No_2 as shown in Book 100 or Plats an Pages 13M
thru 13024, records of Ada County, Idaho, a distance of 657.50 feet to a 518 inch rebar marking
t#re northeast corner c)f said tiNkndsong Subdmwin No. 2
Thence leaving said easterly boundary S 99c31'02" E a distance of 369.94 feet to a point on the
easterly boondefy of said SE '1/d of the SE'/,I
Thence S 0"15'0+4" VV aioog said easterly boundary a distance of 125.00 fret to a paint;
Thence leaving said boundary N 89`3V02"W a distance of 231 84 feet to a point:
ThencL-S 11"28'58"bV a distance of 121.50 feet to a paint;
Thence S 80°31 02" E a distance of 47.21 feet to a paint of curvature;
Thence a distance of 42.30 feat along the arc of s 27.00 foot radius curve right, said curve ha%nnq
a central angle of W46'05"and a long chord bearing S 44°37'59' E a distance of 38.1 1 feet to a
point of tangency;
Thence S 0"1604"W a distance of 223.18 feet to a Point;
Thence N 90'00'ff VV a diatatce of 87 15 fleet to a point
Therice S 0000'00"VY a distance of 160.98 feet to the POINT OF BEGINNING.
This parcel contains 3.42 acres and iT,subject to any easements G1
existing or in use. r�
Clmtan W. Wanseri, PLS 0
Land Solutions. PC y� o� ?
aacember 14,2021 OF
Page 15
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Item#10.
PAW SUBDIVISION
REZONE EXHIBIT 5 .5
UNPLATIE4
5&9'31'42'E 389.94'
ry
W. CRMS00 5T. 231.9+'
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PORT OF i3fUNN11 ���S OF SEARING POINT 4F' BEGMING
R-40 20W C 24NE
0 50 100 200
CURVE TABLE dlutirj
CURE LENGTH RADIUS DELTA BEARING I CHORD � allrVVjft and Consulting
'JAI L 5TN gT STE F
CI 4 _�D 27.44' 99`A6'OS' N+#'37'S9"i4 3�11• s.wr, o aWu
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Page 16
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Item#10.
B. Preliminary Plat Legal Description(date: 9/23/2021)
Legal Description
PAVIY Subdivision
A pared located in the SE IA of the SE-K of Section 35,Towtlship 4 Noah, Range 1 Wast, Boise
Meridian.Ada County, Idaho. and more particularly described a5 follows:
Cnrnmencino at a Brass Cap monument marking the southeast corner of said SE 'le of the SE
A from which a 516 inch rebar marking the southwest corner of the 5E'f said Section 35 beam
N 89'14'45"VV a distance of 23 35 feet;
Thence along the southerly houndary of safd SE '/, of the SE % N 69`14 45" VV a distance of
390.00 feet to a point.
Thorne leaving said southerly b❑undary N 0"15:19' E a distanw of 45 00 feet to a paint on the
northerly right-of-way of VV. Ustick Road and the POINT OF BEGINNING,
Thence coQntrming N 0"151R' E along the easterly boundary and the extension thereof of
indsong Subdivision No, 2 as shown in Book 100 of Plats on Pages 13022 thru 13024, records
of Ada County, Idaho, a distance of 61112.60 teet#o a 51e inch rebar marking the northeast comer
of said Windaong Subdivision No. 2:
Thence Ieaving said easterly boundary S 85'31'02' E a distance of 344.93 feet to a point orf the
westerily right-af-way of N. Linder Road;
Thence along sasb westerly right-of-war the fallowing described murses:
Ttlerice S 0°t 5'0.!V"VV along a line being 45.00 feet westerly of and parallel to the easterly
boundary of said SE'b of the SE '/4 a distance of 291A6 feet i4 a point;
Thence S 7-22'34"W a a stanne of 96.75 feet to a point;
Thence S 0'15'W VV along a line being 57 00 feet westerly of and parallel to the easterly
boundary of said SE'/.of the SE'/4 a distance of 191.60 feet to a point;
Thence S 45`30'09'W a distance of 49.28 feet to a point on the northeeiy 6ghl�f-way of
VV- Usttck road;
Ttrenca along said northarly right-rf-way, being 48-00 Feet northerly of and parallel to the southerly
boundary of said SE 'f4.of the 5E '1¢, N 89°14'46'W-3 distance of 297 99 feet to the PRINT OF
BEGINNING.
This parcel contains 4.77 acres and is sublectto any easernests ��KL LA NN ,
existing or in use. $T�7 p
a {
a � 1118 M
Clinton V11. Hans en. PLS ,
Land Solutions, PC -Y
September 23. 2021 PO VJ
Page 17
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Item#10.
C. Existing Development Agreement
5. CONDITIONS GOVERNING DIE ELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions.
1. Future conStruetion and development of the site shall comply with the
standards listed in UDC 11-3A-19 and the objectives and guidelines of the
Meridian Design Manual in effect at the time of development.
2. Certificate of Zoning Compliance, Design Review and Alternative Compliance
applications are rewired if the applicant proposes a change of use for the
existing single family home to a non-residential use.
3. One(1)Certificate of Zoning Compliance(CZC) may be issued for the
portion of the property that is located south of the right-in/right-out access
point to Linder Road provided the existing home is removed. Additional
CZ.C°s shall not be issued until a concept plan is suhrnitted and approved
for the subject property.A concept plan shall be reviewed)with a future
DEVEWPMENT AGREEMENT—JJA AWFxATKoN(AZ 09-005) PAGE 3 OF I I
Page 18
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Item#10.
preliminary plat applicatiorr_ The following requirements shall apply to the
development of the parcel:
a. coordinate,design and cnnstructthe extension of W. Crossroad Street
(public street) to Linder Roars and stub a public street to the
undeveloped parcel to the north(# G435449905)with ACHD and the
City of Meridian.
b. }provide a 5'public accesslreereational casement in favor of the City of
Meridian measured from the back edge of 7-foot wide attached
sidewalk starting at the western edge of the existing access on Ustick
Road and continuing to the east property line,
c_ depict a 25-foot wide landscape casement along Ustick road and
Linder road.
4. At the time of development for either portion(north or south)of the property,
the applicant shall construct a 10-foot wide multi-use pathway beginning on
the western edge of the existing access to Ustick Road, proceeding
northYnorthwest connecting to the existing service road on A HD°s drainage
site located at the weslem boundary_ An easement shall be provided for
public access to and maintenance of the pathways; contained within an
easerent agreement or noted on the plat. The City will not assume
maintenance of the pathway until it connects from one major arterial road to
another, unless otherwise agracd to by the Parrs& Recreation Department.
5, The applicant shall be responsible for obtaining a Flocdplain Development
Permit and secure approval prior to any construction beginning on the site_
6. Development of the subject property shall comply with the U-Cr standards
listed in UDC 11-2B-3 and the allowed uses in Table 11-2H-2.
7_ All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
S. The applicant shall be responsible for all cosh associated with sewer and
water service installation.
9. The applicant shall construct a 5-foot pathway within the subject property
providing int=onnwivity to the 10-foot pathway planned for the party
along Ustick ]load, The applicant shall provide a pedestrian circulation plan
for review and approval by the planning Department with the submission of a
concept plan or the first CZC application.
Page 19
Page 183
Item#10.
D. Preliminary Plat(date: 9,12ZQ0 1 4/5/2022)
ser-,-oft
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Page 20
Page 184
Item#10.
E. Concept Plan—Remarked(date: 12/20/2021)
off.
z.;
CROSSWINDS STREET CROSSWINDS STRE.
EDINGTON COMMONS
- I -
i R-15 ZONING
_ s 4
i E
u Only one walkway i pathway
D G _ connection per building
k ■ SAWTOOTH LANDING OFFICE
CONDOMINIUMS
a
Staff recommends this CC
pathway segment be Lu I; CC ZONING
removed F z
H J
Connection be provided here -
Page 21
Page 185
Item#10.
E. Landscape Plan(date: 9,19,QO21 4/5/2022)
1 — -- ------- ---- __ I E I 1
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Page 22
Page 186
Item#10.
W A 11 El
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Page 23
Item#10.
F. Building Elevations: 12/20/2021)
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BUILDING 'A'
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T- ter; — _— ❑o ❑❑❑
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L Ef7 ELEVATION I I hT ELEVATION
Page 24
Page 188
Item#10.
oil
RIM -
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BUILDING 'C'
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BUILDING 'D'
IF Jill
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Page 25
Page 189
Item#10.
Vertically Integrated Building Facing Linder Rd
looms
mom ME
BUILDING
Vertically Integrated building facing Ustick.
- ■■ mom
■■long nl 1 mom—
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lot
11
BUILDING 'H'
Page 26
Page 190
Item#10.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Site Specific Conditions of Approval
1. Prior to approval of the rezoning ordinance, a new DA shall be entered into between the City of
Meridian,the property owner(s)at the time of rezone ordinance adoption,and the developer.
The DA shall be signed by the property owner and returned to the Planning Division within six
(6)months of the City Council granting the rezoning and DA modification. The DA shall, at
minimum, incorporate the following provisions:
a. Future development of the site shall be generally consistent with the conceptual site plan,
landscape plan, and elevations submitted with the rezone application contained herein.
b. At time of building permit, floor plans shall be submitted that indicate the ground floors of all
units shown as vertically integrated structures meet occupancy class requirements for
commercial structures.
c. A short plat to condominiumize the vertically integrated buildings shall be required
prior to eer-ti eate ^F,^,,ing eomplianee certificate of occupani:�
d. Exterior facades of vertically integrated buildings shall integrate brick or stone on the
bottom level.
e. Drinking establishments are prohibited in the vertically-integrated buildings.
fl. Buildings on the nei4h side of W. Cr-esswind St. shall be veAieally integr-a4ed buildings.
OR t nh
g. At time of CZC or plat,public accessibility for the central open space shall be specified in the
CC&Rs,maintenance agreement or property owner's association agreement.
h. At the time of CZC or plat, an executed shared-parking agreement between the commercial
lots and the vertically integrated structures shall be submitted.
i. Building D along the western property line shall be broken into at least two groups of
buildings,with the break occurring approximately in the vicinity of Lot 19,Block 3 of the
Windsong Subdivision No 2.
2. All private streets shall meet the requirements of UDC 11-3F-4.
3. All common lots, streets and alleys shall meet the requirements of UDC 11-6C-3.
4. There should be a consistent architectural theme throughout the development. Administrative
design review will be required for all new attached residential structures containing two(2)or
more dwelling units. Design review and certificate of zoning compliance will be required for any
commercial buildings or vertically-integrated buildings.
Page 27
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Item#10.
5. The Director has approved a request for private streets as required per UDC 11-3F-4.
6. The preliminary plat, dated 9/22/2021, shall be revised as follows:
a. Per UDC 11-3B-7, all arterial street buffers shall be on a common lot or on a permanent
dedicated buffer,maintained by the property owner or business owners' association.
b. Residential street buffers shall be on a common lot,maintained by a homeowners'
association.
c. The development table shall be updated to indicate 2 vertically integrated residential lots,
verses 12.
d. Parking spaces shall be subtracted out of all areas indicated as useable open space.
7. The landscape shall be revised as follows:
a. The additional pathway along the south perimeter shall be removed, and the sidewalk along
W. Ustick Rd shall be widened to a 10 ft.wide pathway along the property line,with a 10 ft.
wide connection to the Five Mile Creek Pathway at the west perimeter of the site.
b. The pathway shown along N. Linder Rd shall be revised to include only the existing 7 ft.
wide sidewalk.
c. There shall be no more than one walkway per building connecting to the pathways and
sidewalks along W.Ustick Rd. and N. Linder Rd.
d. A landscape buffer of at least 5 ft. in width,meeting the planting requirements of UDC 11-
313-9, shall be required along the northern property line or as otherwise required by UDC 11-
3B.
8. The developer shall comply with the specific use standards for vertically-integrated projects as
listed in UDC 11-4-3-41.
9. A conditional use permit shall be required for the drive through establishment shown on the
commercial lot.
10. Off-street vehicle parking shall be provided on the site in accord with UDC 11-3C-4 for
townhouses, commercial buildings and vertically integrated projects.
11. Direct access to N. Linder Rd. and W.Ustick Rd. is prohibited.All existing curb cuts shall be
replaced with curb, gutter and sidewalk.
GENERAL CONDITIONS OF APPROVAL
1. The Applicant shall have a maximum of two (2)years to commence the use as permitted in
accord with the conditions of approval listed above. If the use has not begun within two(2)years
of approval, a new conditional use permit must be obtained prior to operation or a time extension
must be requested in accord with UDC 11-513-617.
2. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain
the City Engineer signature on a final plat within two years of the date of the approved findings;
or 2)obtain approval of a time extension as set forth in UDC 11-6B-7.
3. Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11-
3A-6, 11-3A-7.
4. Comply with all bulk,use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
5. Install lighting consistent with the provisions as set forth in UDC 1 1-3A-
Page 28
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Item#10.
4. Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-1.
5. Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-313-10.
B. PUBLIC WORKS DEPARTMENT
Site Specific Conditions of Approval
1. Easements for combined water/sewer mains outside of right-of-way must be a minimum of 30-
foot-wide with the minimum separation between mains; additional width may be required if
minimum distance is not maintained.
2. No permanent structures can be placed within a City easement including but not limited to
buildings, carports, overhangs/eaves,trees,bushes, light poles, infiltration trenches,trash
enclosures, etc.
General 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 11"map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed, and approved prior to development plan approval.
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.
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
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Item#10.
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.
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Item#10.
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.meridianciU.oMIgublic_works.aspx?id=272.
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. MERIDIAN FIRE DEPARTMENT
https://weblink.meridiancioy.org/WebLinkIDocView.aspx?id=250947&dbid=0&repo=MeridianC
Lty
D. ACHD
https://weblink.meridianciby.org/WebLink/Doc View.aspx?id=253599&dbid=0&repo=Meridian C
Lty-
E. WEST ADA SCHOOL DISTRICT
https://weblink.meridianciby.org/WebLink/Doc View.aspx?id=255 718&dbid=0&repo=MeridianC
F. NMID
https://weblink.meridianciU.or_/WebLink/DocView.aspx?id=251526&dbid=0&repo=MeridianC
Lty
G. DEPARTMENT OF ENVIRONMENTAL QUALITY
https://weblink.meridianciU.or lWebLinkIDocView.aspx?id=251853&dbid=0&repo=MeridianC
Lty
Page 31
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Item#10.
IX. FINDINGS
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:
A. ZONING
1. The map amendment complies with the applicable provisions of the comprehensive plan;
This is a proposal for rezoning of 3.42 acres of subject property from CC to R-40 to allow
townhouses. This complies with the applicable provisions of the comprehensive plan,particularly
to provide a diversity in housing opportunities and to encourage infill development.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds the proposed map amendment to R-40 and the development generally complies with
the purpose statement of the residential districts in that it will contribute to the range of housing
opportunities available in the City consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety,and
welfare;
Council finds with the recommended conditions of approval the proposed R-40 map amendment
should not be detrimental to the public health, safety and welfare as the property is on an arterial
intersection, sufficient buffering and parking is provided, and the property is surrounded by
single family attached, multifamily, and commercial uses.
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 that the proposed zoning amendment will not result in any adverse impact upon the
delivery of services by any political subdivision providing services to this site.
5. The map amendment(as applicable)is in the best interest of city.
Council finds the proposed rezoning is in the best interest of the City if the property is developed
in accord with the provisions in Section VII.
B. PRELIMINARY PLAT
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372,7-8-2008,eff. 7-8-2008).
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Item#10.
Council finds the proposed plat is generally in conformance with the UDC if the Applicant
complies with the conditions of approval in Section VII.
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Council finds public services can be made available to the subject property and will be adequate
to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's
capital improvement program;
Council finds the proposed plat is in substantial conformance with scheduled public
improvements in accord with the City's CIP.
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.
5. The development will not be detrimental to the public health, safety or general welfare; and
Council finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural,scenic or historic features. (Ord.05-1170, 8-
30-2005,eff.9-15-2005)
There is an existing floodplain and Five Mile Creek at the southwest portion of the property.
These features are shown to be preserved in a common lot.
C. CONDITIONAL USE
The Commission and Council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following, and may approve a conditional use permit if they shall find
evidence presented at the hearing(s)is adequate to establish:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
Council finds that if the site is designed in accord with the site plan and landscape plan shown in
the exhibits and the conditions of approval, the site will be large enough to accommodate the
proposed use and meet the dimensional and development regulations of the R-40 zoning district
for townhouses.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
As described in the staff report, the proposed multi family residential use in the R-40 zone meets
the objectives of the Comprehensive Plan and UDC.
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Item#10.
3. The design,construction,operation and maintenance will be compatible with other uses in
the general neighborhood and with the existing or intended character of the general vicinity
and that such use will not adversely change the essential character of the same area.
This proposal would allow 33 townhouses on an arterial intersection, surrounded by multi family
detached and attached, commercial and multifamily uses. Sufficient buffering and landscaping
has been provided, there is satisfactory parking, and the elevations reflect high quality design.
The general design, construction, operation and maintenance of the use will be compatible with
other residential and commercial uses in the general neighborhood and with the existing and
intended character of the vicinity and will not adversely change the character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
As mentioned above, Council finds the proposed townhouses will not adversely affect other
property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways,streets,schools,parks,police and fire protection,drainage structures,
refuse disposal,water, and sewer.
Essential public facilities and services are presently serving the existing development. Sanitary
sewer, domestic water and irrigation can be made available to additional property. Please refer
to comments prepared by the Public Works Department, Fire Department, Police Department
and other agencies.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The applicant will pay to extend the sanitary sewer and water mains into the site. No additional
capital facility costs are expected from the City. The applicant and/or future property owners will
be required to pay impact fees.
7. That the proposed use will not involve activities or processes,materials,equipment and
conditions of operation that will be detrimental to any persons,property or the general
welfare by reason of excessive production of traffic,noise,smoke,fumes, glare or odors.
Council finds that the proposed development will not involve uses that will create nuisances that
would be detrimental to the general welfare of the surrounding area. Council recognizes there
will be a small increase of traffic and noise with the approval of this development; whenever
undeveloped property is developed the amount of traffic generation does increase
8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic
or historic feature considered to be of major importance.
Council finds that the proposed development will not result in the destruction, loss or damage of
any natural feature(s)of major importance.
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Item#10.
D. PRIVATE STREETS (UDC 11-3F-5):
In order to approve the application,the Director shall find the following:
1. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
No additional capital facility costs are expected from the City. The applicant and/or future
property owners will be required to pay impact fees.
2. The design of the private street meets the requirements of this article;
The private streets meet the design requirements of not connecting to an arterial street,
allowing sufficient maneuvering for emergency vehicles, not serving more than 50 units and
meeting the minimum width of 24 feet.
3. Granting approval of the private street would not cause damage,hazard, or nuisance, or
other detriment to persons,property, or uses in the vicinity
As these are private streets internally contained within this development connected to adjacent
properties by public streets, there is adequate parking provided and Meridian Fire and Police
have not expressed objections, the Director finds approval of the private street would not cause
damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity.
C. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.
As listed above in the Comprehensive Plan analysis, the Director finds the use and location of
the private street shall not conflict with the comprehensive plan and/or the regional
transportation plan.
D. The proposed residential development(if applicable)is a mew or gated development.
The majority of the townhouses are clustered around a mew with their entrances facing the
open space. This would be considered a mew development.
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Page 199
Item#11.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for Records Apartments Council Review
(CR-2022-0004) by Brighton Development, Inc., Located at the northeast corner of N. Records
Way and E. Fairview Ave.
Page 200
CITY OF MERIDIAN V IDIAN;_--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! DAHO
DECISION& ORDER
In the Matter of the Requests for Conditional Use Permit for a Multi-Family Development
Consisting of 472 Apartment Units in Two (2) 5-Story Buildings on 9.95-Acres of Land in the C-G
(General Retail and Service Commercial)Zoning District; and City Council Review of a Request
for a Waiver to UDC 11-3A-3A.1 to allow a Right-In/Right-Out Driveway Access for the Site via N.
Records Ave.,a Collector Street,for Records Apartments,Located at the Northeast Corner of N.
Records Way and E.Franklin Rd.,by Brighton Corporation.
Case No(s).H-2022-0008; CR-2022-0004
For the Planning& Zoning Commission Hearing Date of. April 7,2022(Findings on April 21,
2022); and the City Council Hearing Date of May 24,2022(Revised Findings on June 7, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of April 7,2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of April 7,2022,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 7,2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of April 7,2022,incorporated by reference)
B. Conclusions of Law
I. 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 Planning&Zoning Commission takes judicial notice of its Unified Development
Code codified at Title I I Meridian City Code, and all current zoning maps thereof. The City of
Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 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.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).H-2022-0008
Page 1
6. That the City has granted an order of approval in accordance with this decision,which shall be
signed by the City Council President and City Clerk and then a copy served by the Clerk upon the
applicant,the Planning Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of April 7,2022, 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 Planning &Zoning Commission'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:
The applicant's request for conditional use permit is hereby approved in accord with the conditions
of approval in the staff report for the hearing date of April 7,2022, attached as Exhibit A.
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:
The Applicant's request for City Council review of the Commission's decision pertaining to the
UDC(11-3A-3A.1)requirement for access to be taken from a local street when available is hereby
approved to allow a right-in/right-out access driveway via N. Records Way, a collector street.
D. Notice of Applicable Time Limits
Notice of Two(2)Year 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 in accord with UDC 11-5B-6F.1.
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 in accord with UDC 11-513-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.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 Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
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
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).H-2022-0008
Page 2
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(l)(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 7, 2022
By action of the City Council at its regular meeting held on the 7 t h day of J u n e
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 6-7-2022
Attest:
Chris Johnson 6-7-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 6-7-2022
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).H-2022-0008
Page 3
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING April 7,2022 Legend
DATE:
TO: Planning&Zoning Commission
f PFajeat Lava liar
FROM: Sonya Allen,Associate Planner
208-884-5533 '
SUBJECT: H-2022-0008—Records Apartments
LOCATION: Northeast corner of N. Records Way and
E. Fairview Ave., in the SW 1/4 of
Section 4,T.3N.,R.IE(Parcel
#S1104347005) FM
I. PROJECT DESCRIPTION
Conditional use permit for a multi-family development consisting of 472 apartment units in two (2) 5-story
buildings on 9.95-acres of land in the C-G(General Retail and Service Commercial) zoning district.
Alternative Compliance(ALT)is also requested to UDC 11-4-3-27B.3,which requires a minimum of 80
square feet of private usable open space to be provided for each dwelling unit.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 9.95-acres
Future Land Use Designation Mixed Use—Regional(MU-R)
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Multi-family development
Current Zoning General Retail&Service Commercial(C-G)
Proposed Zoning NA
Number of Residential Units(type 472 units(apartments)
of units)
Density(gross) 47.4 units/acre
Phases(#) 2
Physical Features(waterways, None
hazards,flood plain,hillside)
History(previous approvals) AZ-07-012(DA Inst.#109009630)
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IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 3/22/2022
Radius notification mailed to
properties within 300 feet 3/21/2022
Public hearing notice sign posted
3/25/2022
on site
Nextdoor posting 3/21/2022
V. COMPREHENSIVE PLAN(Comprehensive Plan and TMISAP)
Future Land Use Map Designation:
The subject property is designated Mixed Use—Regional(MU-R)on the Future Land Use Map(FLUM) in
the Comprehensive Plan.
The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings
and public uses near major arterial intersections. The intent is to integrate a variety of uses together,
including residential, and to avoid predominantly single use developments such as a regional retail center
with only restaurants and other commercial uses. Developments should be anchored by uses that have a
regional draw with the appropriate supporting uses. For example, an employment center should have
supporting retail uses; a retail center should have supporting residential uses as well as supportive
neighborhood and community services.
Proposed Use: A multi-family development containing 472 apartment units in one(1) 5-story building with
associated parking and landscaping is proposed to develop on this 9.95-acre site in the C-G zoning district.
COMPREHENSIVE PLAN POLICIES AND ANALYSIS:
In reviewing development applications,the following items will be considered in all Mixed-Use areas,per
the Comprehensive Plan(pg. 3-13): (Staffs analysis in italics)
• "A mixed-use project should include at least three types of land uses. Exceptions may be granted for
smaller sites on a case-by-case basis. This land use is not intended for high density residential
development alone."
Although the proposed development only includes one use (i.e. residential), the larger MU-R designated
area and surrounding area includes commercial(i.e. retail, restaurant, entertainment, etc.) and civic
(i.e. Kleiner City Park) uses as well as other residential dwelling types.
At the pre-application meeting, Staff did request the Applicant provide some services for the proposed
residential uses (i.e. a daycare, coffee shop, vertically integrated, etc) on this site but the Applicant
declined asserting that a mix of uses already exists in this area to serve the future residents. Staff
somewhat agrees although is of the opinion it would be better to have some of these uses integrated with
the proposed development on this site—however, Staff is not including a condition for the Applicant to
do so. If Commission feels this should be required, a condition should be added accordingly.
• "Where appropriate,higher density and/or multi-family residential development is encouraged for
projects with the potential to serve as employment destination centers and when the project is adjacent to
US 20/26, SH-55, SH-16 or SH-69."
The proposed multi family high density development will provide housing options in close proximity to
nearby commercial/employment uses located along SH-55.
Page 3
• "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or
rezone request,a development agreement will typically be required for developments with a Mixed-Use
designation."
A Development Agreement(DA) exists for this property that includes a conceptual development plan;
however,future development of this site was not tied to that plan. A multi family development is noted in
the Table of Proposed Uses included in the DA as an appropriate use to develop within the boundary of
the DA with a detailed site plan subject to the conditions of the DA.
• "In developments where multiple commercial and/or office buildings are proposed,the buildings should
be arranged to create some form of common,usable area, such as a plaza or green space."
Commercial and/or office buildings are not proposed as part of this development.
• "The site plan should depict a transitional use and/or landscaped buffering between commercial and
existing low-or medium-density residential development."
There are no low-or medium-density residential developments abutting this site.
• "Community-serving facilities such as hospitals, clinics, churches, schools,parks,daycares, civic
buildings, or public safety facilities are expected in larger mixed-use developments."
No such uses are proposed in this development; however; Kleiner City Park and a Senior Center exist
across the street to the north, which provide community-serving facilities.
• "Supportive and proportional public and/or quasi-public spaces and places including but not limited to
parks,plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating
areas at restaurants do not count."
No such uses are proposed in this development; however, Kleiner City Park and a Senior Center exist
across the street to the north that provides public outdoor gathering areas and open space.
• "Mixed use areas should be centered around spaces that are well-designed public and quasi-public
centers of activity. Spaces should be activated and incorporate permanent design elements and amenities
that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully
integrated into the development and further placemaking opportunities considered."
As noted above, the proposed development lies just to the south of Kleiner City Park, which includes a
senior center. The proposed development plan doesn't include any public/quasi-public uses but does
include private open space and amenities for residents of the development. The adjacent Village at
Meridian development to the west includes a large public gathering area with a fountain and seating
and amenities.
• "All mixed-use projects should be directly accessible to neighborhoods within the section by both
vehicles and pedestrians."
The Village at Meridian is directly accessible from adjacent neighborhoods by public streets and
pedestrian pathways. Staff recommends the Applicant work with ACHD's Planning and Projects
group to see if a pedestrian crossing can be provided to the north at the RecordTongwing intersection
for pedestrian safety.
• "Alleys and roadways should be used to transition from dissimilar land uses, and between residential
densities and housing types."
Roadways separate the proposed residential development from the commercial development to the west
and the City park to the north; a shared driveway separates this site from the vehicle sales use to the
east.
Page 4
• "Because of the parcel configuration within Old Town,development is not subject to the Mixed-Use
standards listed herein."
The subject property is not located in Old Town; therefore, this item is not applicable.
In reviewing development applications,the following items will be considered in MU-R areas,per the
Comprehensive Plan(pgs.3-16 thru 3-17):
• Development should generally comply with the general guidelines for development in all Mixed-Use
areas.
Staff's analysis on the proposed project's compliance with the general guidelines is included above.
• Residential uses should comprise a minimum of 10%of the development area at gross densities ranging
from 6 to 40 units/acre. There is neither a minimum nor maximum imposed on non-retail commercial
uses such as office,clean industry, or entertainment uses.
The proposed residential uses contribute to the minimum 10%required in the overall development and is
the sole use proposed with this development application. The proposed gross density is 47.4 units/acre,
which exceeds the maximum desired. The density should be reduced to a maximum of 40 units/acre.
• Retail commercial uses should comprise a maximum of 50%of the development area.
No retail uses are proposed with this development application.
Where the development proposes public and quasi-public uses to support the development,the developer
may be eligible for additional area for retail development(beyond the allowed 50%),based on the ratios
below:
• For land that is designated for a public use, such as a library or school,the developer is eligible for a 2:1
bonus. That is to say, if there is a one-acre library site planned and dedicated,the project would be
eligible for two additional acres of retail development.
• For active open space or passive recreation areas, such as a park,tot-lot, or playfield,the developer is
eligible for a 2:1 bonus. That is to say, if the park is 10 acres in area,the site would be eligible for 20
additional acres of retail development.
• For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such
plazas should provide a focal point(such as a fountain, statue, and water feature), seating areas,and
some weather protection. That would mean that by providing a half-acre plaza,the developer would be
eligible for three additional acres of retail development.
This guideline is not applicable as no public/quasi-public uses are proposed with this application.
Based on the analysis above, if the number of units are reduced to a maximum gross density of 40 units per
acre(or below), Staff is of the opinion the proposed high-density urban-style residential development is
generally consistent with the MU-R designation in the Comprehensive Plan and with the general mixed use
guidelines in that it contributes to the mix of uses desired;provides living opportunities within close
proximity to employment,retail,restaurant and entertainment uses,which should reduce vehicle trips on area
streets; and is located near a major arterial intersection(i.e. E. Fairview Ave. and N. Eagle Rd./SH-55).
VI. STAFF ANALYSIS
CONDITIONAL USE PERMIT(CUP)
A CUP is proposed for a multi-family development containing one(1)65-foot tall 5-story structure with
podium parking on the first floor and 472 apartment units above consisting of(84)studio, (208) 1-bedroom,
Page 5
(168)2-bedroom and(12)3-bedroom units on 9.95-acres of land in the C-G zoning district. The size of each
of the unit type is as follows: 586 square feet(s.f.)for studio units; 680 s.f. for 1-bedroom units; 934 s.f. for
2-bedroom units; and 1,242 s.f. for 3-bedroom units. The gross density of the development is 47.4 units per
acre.A 9,624 s.f. clubhouse with amenities is also proposed.
The project is proposed to be constructed in two(2)phases;the northern portion of the building and the
clubhouse with the first phase and the southern portion of the building with the second phase. The north&
south building will be joined together by the clubhouse.
Specific Use Standards (UDC 11-4-3):
The proposed use is subject to the following standards: (Staff's analysis/comments in italic text)
11-4-3-27: MULTI-FAMILY DEVELOPMENT:
B. Site Design:
1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise
required by this title and/or title 10 of this Code. Building setbacks shall take into account windows,
entrances,porches and patios, and how they impact adjacent properties. The proposed site plan
complies with this standard.
2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer
and utility vaults shall be located in an area not visible from a public street, or shall be fully screened
from view from a public street. The site/landscape plan submitted with the Certificate of Zoning
Compliance application should depict all such areas and reflect compliance with this standard.
3. A minimum of eighty(80)square feet(s.f.) of private,usable open space shall be provided for each
unit. This requirement can be satisfied through porches,patios,decks, and/or enclosed yards.
Landscaping, entryway and other access ways shall not count toward this requirement. In
circumstances where strict adherence to such standard would create inconsistency with the purpose
statements of this section,the Director may consider an alternative design proposal through the
alternative compliance provisions as set forth in section 11-513-5 of this title.Alternative Compliance
is requested to provide zero or a lesser amount ofprivate open space than required, as follows: 0 for
studio units; 57-82 s.f.for 1-bedroom units; and 60 sf.for 3-bedroom units—89 sf is proposed for
2-bedroom units, which exceeds UDC standards.
As justification for the request, the Applicant proposes what they feel are extraordinary site
amenities, coupled with innovative new urban design with an emphasis on integrated, internal open
space and facilities. The Director agrees with the Applicant's assertions and finds the proposed
alternative means of compliance demonstrates an equal means of meeting the intent and purpose of
the regulation per the Findings in Section IX below.
4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open
space shall not be considered common open space. These areas were not included in the common
open space calculations on the qualified open space exhibit in Section VIII.C.
5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on
the site unless provided for in a separate, designated and screened area. The Applicant shall comply
with this requirement.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All
Districts", of this title.Based on the minimum standards listed in UDC 11-3C-6, off-street parking is
required as follows: a minimum of 84 parking spaces are required for the studio units; a minimum of
312 spaces are required for the 1-bedroom units with at least 208 of those in a covered carport or
garage; a minimum of 360 spaces are required for the 2-and 3-bedroom units with at least 180 of
those in a covered carport or garage; a minimum of 47 guest spaces; and a minimum of 19 spaces
Page 6
for the clubhouse for a total of 822 spaces with at least 388 of those in a covered carport or garage.
A total of 815 spaces are proposed with 477 of those covered, which is seven (7)fewer than the
minimum required: If the number of units are reduced to a maximum of 40 units per acre(gross)
as recommended, this will reduce the number of required parking spaces which should then meet
UDC standards.If the Commission approves the proposed density(47.4 units/acre), a minimum of
seven (7)additional spaces shall be provided on this site and depicted on a revised site/landscape
plan submitted prior to the Commission's action on this application;or, the number of 2-or 3-
bedroom units could be reduced to reduce the parking requirement.
Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the
standards listed in UDC 11-3C-5C. Based on the minimum number of vehicle parking spaces
required(i.e. 822), a minimum of 32 spaces are required; a total of 30 spaces are proposed, which is
two (2)fewer than the minimum required.A minimum of two (2) additional bicycle parking spaces
shall be provided on this site and depicted on a revised site/landscape plan submitted prior to the
Commission's action on this application. Note:A reduction in the number of dwelling units (and
subsequently the number of required parking stalls) as recommended may result in the proposed
bicycle parking meeting UDC standards.
7. Developments with twenty(20)units or more shall provide the following:
a. A property management office.
b. A maintenance storage area.
c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian
and/or vehicular access.
d. A directory and map of the development at an entrance or convenient location for those entering
the development. (Ord. 18-1773,4-24-2018)
The site plan submitted with the Certificate of Zoning Compliance application should depict the
location of these items in accord with this standard.
C. Common Open Space Design Requirements(UDC 11-4-3-27C): The total baseline land area of all
qualified common open space shall equal or exceed ten(10)percent of the gross land area for multi-
family developments of five(5)acres or more. Based on 9.95 acres of land, a minimum of 1-acre of
common open space is required to be provided.
In addition to the baseline open space requirement, a minimum area of outdoor common open space shall
be provided as follows:
a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square
feet of living area. There are no units containing 500 sf or less of living area.
b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500)
square feet and up to one thousand two hundred(1,200) square feet of living area. 460 units fall
within this range; therefore, a minimum of 115,000 square feet(or 2.64-acres) of common open
space is required for these units.
c. Three hundred fifty(350) square feet for each unit containing more than one thousand two
hundred(1,200) square feet of living area. 12 units fall within this range; therefore, a minimum
of 4,200 sf. (or 0.10-acre) of common open space is required for these units.
Per this standard, a total of 2.74 acres of common open space is required. Combined with the 1 acre
noted above for the baseline requirement, a minimum of 3.74 acres of common open space is
required that complies with the standards listed in UDC 11-4-3-27C.Note:Because this site is
directly adjacent to Kleiner City Park to the north and has safe pedestrian access without crossing
Page 7
an arterial street, this project is exempt from the additional open space requirements in UDC 11-4-
3-27C.3.
The open space exhibit in Section VIII.0 depicts a total of 2.75 acres(or 27.7%)of common open
space for the development consisting of four(4)internal amenity spaces,the clubhouse and
swimming pool area, street buffers along Records (a collector street) and Fairview(an arterial
street), and buffer along the southern portion of the east boundary of the site. Per UDC 11-4-3-
27C.5, common open space areas shall not be less than 400 square feet in area,and shall have a
minimum length and width dimension of 20 feet. The buffer along the southern portion of the
east boundary of the site and the southern portion of the street buffer along N.Records Way is
below 20 feet in width and does not meet this standard.Per UDC 11-4-3-27C.7,unless otherwise
approved through the conditional use process,common open space areas shall not be adjacent to
collector or arterial streets unless separated from the street by a berm or constructed barrier at least
four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. The buffers
along Records and Fairview are not separated from the street by a berm and do not meet this
standard. Staff recommends a revised open space exhibit is submitted that provides a
minimum of 3.74 acres of qualified open space meeting the minimum standards noted above
and in UDC 11-4-3-27C prior to the Commission acting on this application. The reduction in the
number of units as recommended may result in extra area for common open space to be provided
meeting the minimum standards.
In phased developments, common open space shall be provided in each phase of the development
consistent with the requirements for the size and number of dwelling units. The phasing plan
complies with this requirement.
D. Site Development Amenities: All multi-family developments shall provide for quality of life, open
space,recreation and multi-modal amenities to meet the particular needs of the residents as noted in
UDC 11-4-3-27D. The number of amenities shall depend on the size of the multi-family development
based on the number of units.
For multi-family developments with 75 units or more, four(4) amenities shall be provided with at least
one(1) from each category. For developments with more than 100 units such as this,the decision-
making body shall require additional amenities commensurate to the size of the proposed development.
The following amenities are proposed: 1)a clubhouse with indoor amenities including a pet spa and
fitness facility, and an outdoor kitchen/grilling area,which count toward the quality of life category; 2)
plazas with picnic areas with tables,benches and shade structures,which count toward the open space
category; 3) a swimming pool; snookball, cornhole and table tennis games; and multi-use pathways
along Records and Fairview,which count toward the recreation category; and 4) electric vehicle(EV)
charging stations,which count toward the multi-modal category. Other amenities are proposed as noted
in the Applicant's narrative. Off-site amenities also exist in Kleiner City Park directly adjacent to this
site to the north within walking distance that consist of a pedestrian circulation system, splash pad,play
structures,basketball court and bocce ball court.Stafffinds the proposed amenities meet and exceed the
minimum standards.
E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in accord
with chapter 3, "Regulations Applying to All Districts", of this title. Additionally, all street facing
elevations shall have landscaping along their foundation that complies with the standards listed in UDC
11-4-3-27E.2. The landscape plan submitted with the Certificate of Zoning Compliance application
should depict landscaping along the street facing elevations adjacent to N.Records Way and E.
Fairview Ave. in accord with these standards.
F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally
binding documents that state the maintenance and ownership responsibilities for the management of the
Page 8
development, including,but not limited to, structures,parking, common areas, and other development
features. The Applicant shall comply with this requirement,a copy of such shall be submitted to the
Planning Division prior to issuance of the first Certificate of Occupancy within the development.
Access: Access is proposed from N. Records Way, a collector street, at the west boundary of the site; and
from an existing driveway via E. Elden Gray St., a local street, along the east boundary of the site. If one
doesn't already exist,a cross-access easement shall be granted to the adjacent property to the east
(CarMax)for use of the portion of the driveway that lies on this site.A recorded copy of the easement
shall be submitted with the first Certificate of Zoning Compliance application.
Where access to a local street is available,the UDC(11-3A-3A.1)requires the site circulation to be to
be reconfigured to take access from such local street.This standard applies unless otherwise waived by
City Council.Therefore,the access via N.Records Ave.is not allowed and shall be removed from the
site/landscape plan.The Applicant may request City Council approval of a waiver of this provision as
allowed in UDC 11-3A-3 through submittal of an application for City Council Review of the Commission's
decision on this matter.Note:ACHD has approved this access with the requirement of a right-turn lane.
Road Improvements(CIP/IFYWP): Fairview Ave. is listed in the CIP to be widened to 7-lanes from Eagle
Rd./SH-55 to Cloverdale Rd.between 2036 and 2040.No new roads are proposed or required with this
application.
Traffic Impact Study(TIS): ACHD deems the estimated trips from this development is less that what was
estimated previously for this parcel with the 2-to 3-story office and residential land uses conceptually
proposed with the TIS for The Village at Meridian in 2011. For this reason, only a turn lane analysis was
required. Based on this analysis, a northbound dedicated right turn lane on Records Way is recommended at
the site access;no additional turn lanes are recommended at the access on Elden Gray Street. ACHD is
supportive of the access provided a turn lane is constructed as recommended.
Landscaping(UDC 11-3B):
Landscaped street buffers are required to be provided as follows: a 35-foot wide street buffer is required
along E. Fairview Ave., an entryway corridor; a 20-foot wide buffer is required along N. Records Way, a
collector street; and a 10-foot wide buffer is required along E. Elden Gray St., a local street,per UDC Table
11-2B-3 and landscaped per the standards listed in UDC 11-3B-7C.3. Some portions of the buffers along
Records and Fairview are below the required widths and should be revised.All buffers are required to
be planted with a variety of trees,shrubs,lawn or other vegetative groundcover and designed to elicit
design principles including rhythm,repetition,balance and focal elements per the recently updated
specifications; the landscape plan shall be revised accordingly.
Landscaping is required within parking lots in accord with the standards listed in UDC 11-3B-8C. The three
(3) "diamond"planter islands between the north& south portions of the building do not meet the
standards in UDC 11-313-8C.2,which require planters to contain a minimum of 50 square feet and run
the length of the parking space; the site/landscape plan should be revised accordingly.Where bumpers
overhang perimeter landscaping in parking areas,the parking stall dimensions may be reduced 2' in
length if 2' is added to the width of the landscaped area planted in groundcover; otherwise,wheel
stops should be provided to prevent vehicle overhang. The perimeter buffers/parking along the south
and east boundaries of the site should be revised to comply with this standard.
Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-12C,
which require a mix of trees, shrubs, lawn and/or other vegetative groundcover. Shrubs should be added to
the landscape plan in accord with this standard where none are depicted.
Pathways: The Pathways Master Plan depicts 10-foot wide multi-use pathways along E. Fairview Ave. and
N. Records Way providing pedestrian connections to Kleiner City Park;pathways are proposed in accord
with the Plan. A 14-foot wide public pedestrian easement is required to be submitted to the Planning
Division prior to or concurrent with the Certificate of Zoning Compliance application as
Page 9
recommended by the Park's Dept. If the pathway is partially located within the public right-of-way,
provide sufficient easement width beyond that boundary to cover the 10' sidewalk plus 2'.
Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces
through the use of pavers,colored or scored concrete, or bricks per UDC 11-3A-19B.4b.
Sidewalk: The UDC (11-3A-17)requires minimum 5-foot wide detached sidewalks along all collector and
arterial streets; and attached sidewalks (or detached)along local streets. Because the Pathways Master Plan
depicts pathways along Fairview Ave. and Records Way, a 10-foot wide sidewalk is proposed in those areas
instead; a detached sidewalk is proposed along Eldon Gray St.; and an attached sidewalk is proposed along
the driveway along the east boundary of the site.
The minimum width of parkways planted with Class II trees is 8-feet; the planter width may be
reduced to 6-feet if there are root barriers that meet the standards in UDC 11-3A-17E.The
site/landscape plans shall be revised accordingly.
Fencing: Any fencing constructed on the site should comply with the standards listed in UDC 11-3A-7. A
decorative fence barrier is depicted on the landscape plan along E. Fairview Ave. and N. Records Way.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed 5-story structure as shown in Section
VIII.D. Final design is required to comply with the design standards in the Architectural Standards Manual.
A Certificate of Zoning Compliance and Design Review application shall be submitted and approved
prior to submittal of building permit applications.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed CUP with the conditions noted in Section IX per the
Findings in Section X. However,prior to the Commission's action on this application, Staff recommends
the number of dwelling units is reduced to achieve an overall maximum gross density of 40 units per
acre; a revised open space exhibit is submitted that complies with the minimum open space standards in
UDC 11-4-3-27C(currently, a minimum of 3.74 acres of qualified open space meeting the minimum
standards discussed above in Section VI is required but will change if fewer units are provided as
recommended); and a revised site/landscape plan is submitted that complies with the minimum parking
standards listed in UDC 11-3C-6 for vehicles and bicycles(currently, a minimum of seven(7)additional
vehicle spaces and two(2)additional bicycle parking spaces are required but will change if fewer units
are provided as recommended). The Director has approved the request for ALT per the provisions
included in Section IX in accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard this item on April 7 2022. At the public
hearing,the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Jon Wardle,Brighton Corporation;
b. In opposition:None
c. Commenting: Scott Dykstra; Michelle Loechel; Toni Allison; Gary Koehmstedt; Carrin
Johnson
d. Written testimony: Mike Wardle,Brighton Corp. (response to the staff report);Tom&
Liz Anthony
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
Page 10
a. Concern pertaining to the amount of traffic that would be generated from this
development, especially on Venture St.—request for a gate to be installed across
Venture to prohibit access via Fairview: opinion there was insufficient public outreach
to nei hbors to the east(Sta (verified that the adiacent residential nei hbors to the east
are all outside of the 500'notice range):request for the Applicant to go back to ACHD
to get updated traffic numbers that reflect today's traffic counts:request for Elden Grav
St. to dead-end at Venture St.to keep traffic generated from the development off
Venture:
b. Concern pertaining to existing wells going dry in the area and how that will be impacted
by development-
C. Concern pertaining to pedestrian safety in the area, specifically around the Senior
Center,with the proposed development and increased vehicular traffic: increased traffic
on Records and at the Fairview/Eagle intersection: and increased use of Kleiner Park
and more wear and tear on the park•
d. Opinion there is too much high-density housing in this area;
e. The Applicant requested changes to the conditions in Section IX of the staff report as
follows: 11 deletion of condition#A.2,which restricts density to a maximum of 40
dwellinguits per acre: 21 clarification to condition#A.4k that the Applicant plans to
request a waiver from City Council to UDC 11-3A-3A.2 to allow the proposed access
via Records Way: and 31 modification to condition#A.4m to include the allowance for
Alternative Compliance to be requested to the common open space standards•
3. Key issue(s)of discussion by Commission:
a. Opinion this is the right location for the density proposed and supportive of less open
space due to the proximity of Kleiner Park-
b. Supportive of the project and glad there isn't a"sea of asphalt"for parking:
c. Concern pertaining to safety of pedestrians with vehicular traffic in this area and impacts
to County residents to the east.
4. Commission change(s)to Staff recommendation:
a. The Commission approved the Applicant's requested changes to the conditions of
approval as noted above.
Page 11
VIII. EXHIBITS
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Page 19
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Conditional Use Permit:
1. The Applicant shall comply with the provisions in the existing Development Agreement(David
Kleiner Property of Meridian Town Center AZ-07-012,Inst. #109009630) and all other previous
conditions of approval.
2. A maximttm gross density of 40 dwelling units per-aer-e shall be-provided in this development.
3. The multi-family development shall have an ongoing obligation to comply with the specific use
standards listed in UDC 11-4-3-27,including but not limited to the following:
a. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be
stored on the site unless provided for in a separate, designated and screened area.
b. The multi-family development shall record a legally binding document that states the
maintenance and ownership responsibilities for the management of the development, including,
but not limited to, structures,parking, common areas, and other development features as set
forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the
Planning Division prior to issuance of the first Certificate of Occupancy for the
development.
4. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised
as follows:
a. Depict the locations of the property management office,maintenance storage area, central
mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or
vehicular access),and a directory and map of the development at an entrance or convenient
location for those entering the development in accord with UDC 11-4-3-27B.7.
b. Depict landscaping along the foundations of all street facing elevations as set forth in UDC 11-4-
3-27E.2.
c. Depict a minimum 35-foot wide street buffer along E.Fairview Ave., an entryway corridor; a
minimum 20-foot wide buffer along N. Records Way, a collector street; and a minimum 10-foot
wide buffer along E. Elden Gray St., a local street,per UDC Table 11-2B-3.
d. Within street buffers,depict a variety of trees, shrubs, lawn or other vegetative groundcover
designed to elicit design principles including rhythm,repetition,balance and focal elements per
the recently updated specifications set forth in UDC 11-3B-7C.3.
e. Remove the three(3) "diamond"planter islands between the north&south portions of the
building and replace them with planter islands that comply with the standards in UDC 11-3B-
8C.2.
f. Shrubs shall be added to the landscape strips along pathways where none currently exist in order
to contribute to the mix of landscaping required by UDC 11-3B-12C.2.
g. Where bumpers overhang perimeter landscaping in parking areas,the parking stall dimensions
may be reduced 2' in length if 2' is added to the width of the landscaped area planted in
groundcover; otherwise,wheel stops shall be provided to prevent vehicle overhang. The
perimeter buffers/parking along the south and east boundaries of the site should be revised to
comply with this standard.
Page 20
h. Internal pedestrian walkways are required to be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete,or bricks per UDC 11-3A-
19B.4b.
i. Depict off-street vehicle parking and bicycle parking spaces in accord with the standards listed
in UDC 11-3C-6(i.e. currently, a minimum of 822 off-street vehicle parking spaces are required
with at least 388 of those in a covered carport or garage for the multi-family units,guest and
clubhouse; and a minimum of 30 bicycle parking spaces are required depending on how may
vehicle parking spaces are provided—these numbers will change if fewer units are provided as
recommended).
j. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and
transformer and utility vaults shall be depicted on the site plan and shall not be located in an area
not visible from a public street, or shall be fully screened from view from a public street as set
forth in UDC 11-4-3-27B.2.
Ais tiff City Council approved a waiver to UDC 11-3A-3A.1 to allow a right-in/right-out
driveway access via N. Records Way, a collector street(CR-2022-0004).
1. The minimum width of parkways planted with Class I1 trees is 8-feet;the planter width may be
reduced to 6-feet if there are root barriers that meet the standards in UDC 11-3A-17E.
m. Depict common open space that complies with the dimensional standards in UDC 11-4-3-27 (i.e.
shall not be less than 400 square feet in area and shall have a minimum length and width
dimension of 20 feet). Given the project's proximity to Kleiner Park,the Applicant shall submit
an Alternative Compliance application for the baseline open space requirement.
4. A cross-access easement shall be granted to the adjacent property to the east(CarMax—Parcel
#S 1104438755) for use of the portion of the driveway that lies on this site; a recorded copy of the
easement shall be submitted with the first Certificate of Zoning Compliance application.If an
easement already exists, submit a copy of the recorded easement.
5. The Director approved the Applicant's request for Alternative Compliance to the private usable open
space standards listed in UDC 11-4-3-27B.3 for each dwelling unit as follows: zero(0) s.f. for studio
units; 57-82 s.£ for 1-bedroom units; and 60 s.f. for the 3-bedroom units. Floor plans with square
footages noted for patios and balconies shall be submitted with the Certificate of Zoning
Compliance application that demonstrate compliance with the alternative compliance
approval.
6. Submit a 14-foot wide public pedestrian easement for the 10-foot wide pathways required along the
southern and western boundaries of the site in accord with Park's Department requirements prior to
or with the Certificate of Zoning Compliance application.If partially located within the public right-
of-way,provide sufficient easement width beyond that boundary to cover the 10'sidewalkplus 2'.
7. The Applicant should work with ACHD's Planning and Projects group to see if a pedestrian crossing
can be provided to the north across N. Records Way at the Record/Longwing intersection for
pedestrian safety between the residential and commercial development, as well as the City Park.
8. An application for Certificate of Zoning Compliance and Design Review shall be submitted for the
proposed project and approved prior to submittal of building permit applications. Compliance with
the design standards listed in the Architectural Standards Manual is required.
Page 21
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. A geotechnical report was not included with this application. A geotechnical report is required to be
submitted and reviewed with the first final plat application.
2. 20-foot-wide utility easements are required for all water and sewer mains outside right-of-way.
Easements must be centered over mains.
3. No permanent structures including but not limited to trees,bushes, carports,buildings,trash
enclosures,fences,infiltration trenches,light poles, etc. may be placed within a utility easement.
4. Fire flow was modeled at 1500 gpm. If more than 1500 gpm is required, contact Public Works.
5. Proposed wastewater flow is 47,000 gpd greater than the master plan. Capacity is available at this
time,but there is no guarantee that additional capacity will be available at the time of application
submittal.
6. Ensure no sewer services cross infiltration trenches.
General Conditions of Approval
7. 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.
8. 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.
9. 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.
10. 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.
11. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of
street addressing to be in compliance with MCC.
12. 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.
13. 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
Page 22
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.
14. 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.
15. All improvements related to public life, safety and health shall be completed prior to occupancy of
the structures.
16. 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.
17. 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.
18. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
19. Developer shall coordinate mailbox locations with the Meridian Post Office.
20. Compaction test results shall be submitted to the Meridian Building Department for all building pads
receiving engineered backfill,where footing would sit atop fill material.
21. The 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.
22. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.
The design engineer shall provide certification that the facilities have been installed in accordance
with the approved design plans. This certification will be required before a certificate of occupancy
is issued for any structures within the project.
23. At the completion of the project,the applicant shall be responsible to submit record drawings per the
City of Meridian AutoCAD standards. These record drawings must be received and approved prior
to the issuance of a certification of occupancy for any structures within the project.
24. 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.o=l ublic_works.aspx?id=272.
25. 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.
Page 23
C. FIRE DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=253274&dbid=0&repo=Meridian City&cr
=1
D. POLICE DEPARTMENT
https://weblink.meridianciiy.oLvlWebLinkIDocView.aspx?id=253287&dbid=0&repo=MeridianCitE
E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=254097&dbid=0&r0o=MeridianCiU
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.orzlWebLinkIDocView.aspx?id=255743&dbid=0&repo=MeridianCioy
G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancitE.oLglWebLinkIDocView.aspx?id=254218&dbid=0&repo=MeridianCiu
H. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE
Not yet received.
I. WEST ADA SCHOOL DISTRICT(WASD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=255717&dbid=0&repo=Meridian City&cr
=1
J. PARK'S DEPARTMENT
https://weblink.meridianciU.o.-glWebLinkIDocView.aspx?id=253285&dbid=0&repo=MeridianCity
K. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancily.o.-glWebLinkIDocView.aspx?id=255187&dbid=0&repo=MeridianCit y
X. FINDINGS
A. Conditional Use Permit(UDC 11-511-6E)
The Commission shall base its determination on the Conditional Use Permit requests upon the following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
The Commission finds with the number ef HHksprepesed-, the site does He appears to be large
enough to accommodate the proposed use and dimensional and development regulations of the
district.
adeqHate r-eenifer the street bhtffie�and eemmeH areas te be wideHed wheiae Heeded te meet the
i*rma ).
Page 24
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with
the requirements of this Title.
The Commission finds that the proposed use and density is consistent with uses and density desired
in the MU-R designation
oeFo. The multi family residential use is allowed as a conditional use in UDC Table 11-2B-2 in the
C-G zoning district.
3. That the design, construction, operation and maintenance will be compatible with other uses in the
general neighborhood and with the existing or intended character of the general vicinity and that such
use will not adversely change the essential character of the same area.
The Commission finds the proposed design of the development, construction, operation and
maintenance should be compatible with the mix of other uses in this area and with the intended
character of the area and that such uses will not adversely change the character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely
affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this report, the
proposed use will not adversely affect other property in the area. The Commission should weigh any
public testimony provided to determine if the development will adversely affect other properties in the
vicinity.
5. That the proposed use will be served adequately by essential public facilities and services such as
highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water,
and sewer.
The Commission finds that essential public services are available to this property and that the use will
be adequately served by these facilities.
B. Alternative Compliance(UDC 11-513-5):
In order to grant approval of an alternative compliance application,the Director shall determine the
following:
1. Strict adherence or application of the requirements is not feasible; OR
The Director finds strict adherence to the standards pertaining to private usable open space listed in
UDC 11-4-3-27B.3 is feasible.
2. The alternative compliance provides an equal or superior means for meeting the requirements; and
The Director finds the proposed alternative compliance of providing extraordinary site amenities,
coupled with innovative new urban design with an emphasis on integrated, internal open space and
facilities provides an equal means for meeting the requirement.
3. The alternative means will not be materially detrimental to the public welfare or impair the intended
uses and character of the surrounding properties.
The Director finds that the proposed alternative means of compliance will not be detrimental to the
public welfare or impair the intended use%haracter of the surrounding properties.
Page 25
Item#12.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for Timberline North (Timberline Sub.
No. 2) (H-2022-0024) by Riley Planning Services, LLC, Located at 655 and 735 W. Victory Rd.
Page 230
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- ,
AND DECISION&ORDER ,
In the Matter of the Request for Combined Preliminary and Final Plat for 33 single-family
residential building lots and 4 common lots on 9.8 acres of land in the R-8 zoning district for the
purpose of subdividing phase 2 of the Timberline Subdivision(H-2017-0140,DA# 114007668)that
has since expired,by Penelope Riley,Riley Planning Services.
Case No(s).H-2022-0024
For the City Council Hearing Date of: May 24,2022 (Findings on June 7, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 24, 2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 24,2022, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 24, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 24,2022,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(Timberline North PFP—FILE#H-2022-0024) - 1 - Page 231
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 24,2022, 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 Combined Preliminary and Final Plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of May 24,2022,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 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Timberline North PFP—FILE#H-2022-0024) -2-
Page 232
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. 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 24, 2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Timberline North PFP—FILE#H-2022-0024) -3- Page 233
By action of the City Council at its regular meeting held on the 7th day of June
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 6-7-2022
Attest:
Chris Johnson 6-7-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 6-7-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Timberline North PFP—FILE#H-2022-0024) -4- Page 234
item#12. EXHIBIT A
E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 5/24/2022 R74'
Legend
DATE: R�8
Project Location C_G
0
TO: Mayor&City Council \RUT RT81
FROAM: Joseph Dodson,Associate ° R.=4 R=4�
Planner R1
208-884-5533
SUBJECT: H-2022-0024 ® RUT R-15
Timberline North(Timberline
No. 2)PFP
R-8
LOCATION: The site is located at 655 and 735 R=4 R-8
W. Victory Road,in the NE1/4 of RUT
Section 25, Township 3N.,Range
1 W. IM 0
-RUT IR�8, RUT R-15 " RUT
I. PROJECT DESCRIPTION
Combined Preliminary and Final Plat for 33 single-family residential building lots and 4 common lots
on 9.8 acres of land in the R-8 zoning district for the purpose of subdividing phase 2 of the
Timberline Subdivision(H-2017-0140,DA# 114007668)that has since expired.
II. SUMMARY OF REPORT
A. Applicant:
Penelope Riley,Riley Planning Services—PO Box 405,Boise,ID 83701
B. Owner:
Mark Bailey,Bailey Investments— 13501 51"Avenue NE, Marysville, WA 98271
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
The subject property, approximately 9.8 acres, was originally platted in 2017 under Timberline
Subdivision(H-2017-0140)but was annexed in 2013 as part of a City initiated annexation from RUT
to the R-8 zoning district (AZ-13-014, DA# 114007668). The approved preliminary plat was to be
completed in two phases. Phase I consists of 24 single-family residential building lots and has been
recorded and fully constructed with homes,open space,etc. Phase 2 received final plat approval for 33
single-family residential building lots and 4 common lots in March 2020 and was set to expire on May
1,2021,two years following the City Engineer's signature of the phase 1 final plat consistent with City
code.Due to unfortunate timing and circumstances,the Timberline No.2 final plat did not receive City
Page 1
Page 235
item#12. EXHIBIT A
Engineer signature by the deadline and no time extension was submitted in accord with UDC standards.
Therefore, the phase 2 final plat expired which subsequently made the original preliminary plat
approved in 2017 expire. The Applicant is required to re-plat the phase 2 area in order record phase 2
of the final plat.
Currently phase 2 of the development is constructed per the previous approval including the open space,
fencing, utilities, sidewalks, and public roads. Because the all of the subdivision improvements are
constructed, the Applicant has submitted the previously approved final plat documents from the
previous application and an Alternative Compliance(ALT)application to allow the existing open space
approved with the original submittal to remain as is without requiring the plat to comply with the current
open space and amenity standards. Due to the unique circumstances behind the expiration of the plat
and the fact that the improvements are all done, staff believes additional open space and amenities are
not necessary. Below is staff s analysis the ALT request.
PLAT DATA:
The two phases of Timberline Subdivision totaled 57 single-family residential building lots on
approximately 17.3 acres of land. The subject phase 2 area proposes 33 building lots and 4 common
lots on 9.8 acres which constitutes a gross density of 3.26 du/ac for this phase,consistent with previous
approvals and the comprehensive plan designation of Medium Density Residential (MDR). 33-foot
wide local streets with 5-foot wide attached sidewalks are constructed throughout the development
which allows for on-street parking where no driveways are present. The subject plat contains
approximately 0.7 acres of qualified open space(common lots and half of the Victory Road buffer)and
the overall Timberline Subdivision is approved for approximately 1.9 acres of qualified open space
which amounts to approximately 11%, above the previous requirement to provide a minimum of 10%
qualified open space. The amenities exist within the phase 1 area and include a child's play structure
and play area and a shaded picnic area. Because the submitted plans match the previously approved
phase 2 final plat,Staff has included those previous conditions of approval as the conditions of approval
for this application. Public Works has no comments on the subject application as all improvements
have been constructed in accord with the approved construction drawings.
Staff finds the proposed combined preliminary/final plat meets all UDC dimensional standards
and is consistent with the Comprehensive Plan as previously approved.
ALTERNATIVE COMPLIANCE FINDINGS (UDC 11-5B-M:
Applicant is requesting Alternative Compliance to the Common Open Space & Amenity standards
outlined in UDC 11-3G-3 which require projects within the R-8 zoning district to have a minimum of
15% qualified open space. As discussed, the proposed combined preliminary/final plat is for an area
that has received previous preliminary and final plat approvals but did not receive final plat signature
prior to the plat expiring despite having all open space, roadways, sidewalks, and utilities fully
constructed. Because of the described circumstances, Staff recommends approval of the Alternative
Compliance request because strict adherence of the requirements is not feasible as described below.
Specific findings to the subject request are as follows:
1. Strict adherence or application of the requirements are not feasible; or
Staff finds strict adherence of the open space and amenity requirements is physically feasible
but would be burdensome on the Applicant to comply because the development's foundation
of roadways and utilities are already in place for both phase I and phase 2 of the project
area. Requiring additional open space to meet the minimum 15%overall would require the
loss of building lots to add approximately 0.7 acres of additional qualified open space. Staff
does not find strict adherence to this standard necessary as the building lots within this phase
of Timberline have an average lot size of approximately 8,000 square feet(minimum lot size
for R-4 zoning district)which allow for larger private yards for recreation. Furthermore, the
Page 2
Page 236
item#12. EXHIBIT A
phase I area contains a large open space lot linked with adjacent open space in the Jocelyn
Park Subdivision to the east where all Timberline residents would be able to enjoy and utilize
open space.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The alternative means does not exceed the minimum open space requirements of the current
open space code but Staff finds the previous approvals for approximately 11%qualified open
space overall to be an equal means of meeting the requirements when all development
criteria are taken into account: lot sizes,pedestrian access, adjacent open space, and area of
open space lots in phase 1.
3. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of surrounding properties.
Staff finds the proposed open space will not be materially detrimental to the public welfare or
impair the intended uses and character of surrounding properties.
The Director has granted approval of the subject Alternative Compliance request per the findings
above.
IV. DECISION
A. Staff:
Staff recommends approval of the subject combined preliminary/final plat per the conditions of
approval in Section VI and the findings in Section VII and the Director has approved the alternative
compliance request per the Findings above.
B. The Meridian Planning&Zoning Commission heard these items on May 5, 2022.At the public
hearing,the Commission moved to recommend approval of the subject Combined Preliminary
and Final Plat request.
1. Summary of Commission public hearing:
a. In favor: Penelope Constantikes,Applicant Representative;
b. In opposition:None
c. Commenting: Penelope Constantikes;
d. Written testimony: Justin Bell—Issues with rezoning andproperty from R-4 to R-8 (not
part of application,property already zoned R-8).
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 Commission:
a. What is the location,accessibility, and amount of open space previously approved;
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
a. None
C. The Meridian City Council heard these items on May 24,2022.At the public hearing.the Council
moved to approve the subiect Combined Preliminary and Final Plat request.
1. Summary of the City Council public hearing:
a. In favor: Penelope Constantikes,Applicant Representative
Page 3
Page 237
item#12. EXHIBIT A
b. In opposition: None
c. Commenting: Penelope Constantikes
d. Written testimony:None since commission hearing.
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. Clarification on type of application before Council and its context with previous
approvals:
b. How close are the previous approvals and submitted plat—they are identical.
4. City, Council change(s)to Commission recommendation:
a. None
Page 4
Page 238
item#12. EXHIBIT A
V. EXHIBITS
A. Approved Preliminary Plat(December 2017)
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Page 5
Page 239
item#12. EXHIBIT A
B. Combined Preliminary/Final Plat(stamp date: January 12,2022)
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Page 240
ttem#12. EXH I BIT A
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Page 7
Page 241
ttem#12. EXH I BIT A
C. Landscape Plan(dated: January 2020)
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Page 8
Page 242
item#12. EXHIBIT A
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Page 9
Page 243
item#12. EXHIBIT A
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Page 10
Page 244
ttem#12. EXH I BIT A
VI. CONDITIONS
A. Planing Division Conditions
1. The applicant shall comply with all applicable conditions of approval associated with this site
(AZ-13-014 and recorded development agreement instrument#114007668).
2. The preliminary/final plat approval shall be null and void if the Applicant fails to either: 1)
Obtain City Engineer's signature on the plat within two years from the day City Council grants
approval of the Findings of Fact, Conclusions of Law for this project,Timberline North
(Timberline No. 2); or, obtain approval for a time extension in accord with UDC 11-6B-7.
3. The final plat prepared by Sawtooth Land Surveying,LLC,with a stamped date of jaattafy 12,
2-0�May 2, 2022, is approved as submitted. shag fellows be ro ea t the time of FinalUl t
a. Note#5 shall be eeffeeted te show read"...Title !! ef Mer-idia-ff City Code..."instead ef
"Title 11..."
e. Add AC14D RAW Instpdmen4 number-on final plat where ultiffla4e right of way is shown.
4. The submitted landscape plan prepared by Stack Rock Group,with a stamped date of May 2
2022, is approved as submitted. dated 01,114 2020 shall be revised as follows ..t the time of Final
a. With stibmittal of the final plm My4af appliemien,the applieafA shall provide a r-&vise
unimpr-eved street 6&of way is ten feet if the
) or-grea4er-from the edge of pavement to edge
of sidewalk or-property
the developer-shall maif4ain a ten feet
�1 ' 1
remaifider witttz-a'V n vi ether vegetative gfound eeven (O-.a 16 1672,2 16 ."'hliJ
5. Four(4)type 1 streetlights are required along W.Victory Road. Davit poles may be used if there
are conflicts with overhead power lines.
6. 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, at(208) 887-1620 for more information.
7. Staff s failure to cite specific ordinance provisions or conditions from previous approvals does not
relieve the applicant of responsibility for compliance.
8. The applicant shall construct single family detached dwellings in accord with the recorded
development agreement.
9. The rear and/or sides of homes abutting all arterial and collector roadways 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.
10. Future development shall be consistent with the minimum dimensional standards listed in UDC
Table 11-2A-6 for the R-8 zoning district.
11. Prior to release of Certificate of Occupancy by the Planning Division,the plat shall be recorded.
Page 11
Page 245
item#12. EXHIBIT A
12. The Director approved alternative compliance in accord with UDC 11-5B-5 regarding the
common open space and amenity standards outlined in UDC 11-3G-3 & 11-3G-4.
B. Ada County Highway District(ACHD)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=260030&dbid=O&roo=MeridianC
i &cr--1
C. Nampa&Meridian Irrigation District(NMID)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=259180&dbid=0&repo=MeridianC
Lty
D. Boise Project Board of Control(BPBC)
https:llweblink.meridianciV.orglWebLinkIDocView.aspx?id=258882&dbid=0&repo=MeridianC
ky
E. Department of Environmental Quality(DEQ)
https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=259062&dbid=0&repo=MeridianC
ky
Page 12
Page 246
ttem#12. EXH I BIT A
VIL REQUIRED FINDINGS
A. 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 and is consistent with this
Unified Development Code;
Council finds the proposed combined preliminary and final plat is consistent with the
comprehensive plan and the UDC as outlined in Section IV of this report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds public services are already in place and activated for this development;
therefore,public services are adequate to accommodate the development.
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 are already in place and have been
provided by the development at their own cost, Council finds that the subdivision will not
require the expenditure of capital improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers (i.e., Police, Fire,
ACHD, etc). (See public record for more information).
5. The development will not be detrimental to the public health, safety or general welfare;
and
Council finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural,scenic or historic features.
Council is unaware of any significant natural, scenic or historic features that exist on this site
that require preserving.
Page 13
Page 247
Item#13.
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Agreement for Construction and Joint Use of Pickleball Facility at Kleiner Park
Between BVBC Cadence Village, LLC and the City of Meridian
Page 248
AGREEMENT FOR CONSTRUCTION AND JOINT USE
OF PICKLEBALL FACILITY AT KLEINER PARK
This AGREEMENT FOR CONSTRUCTION AND JOINT USE OF PICKLEBALL
FACILITY AT KLEINER PARK("Agreement") is made this 7th day of June , 2022
("Effective Date"),by and between the City of Meridian, a municipal corporation organized under
the laws of the State of Idaho ("City") and BVBC Cadence Village, LLC (`BVBC"), a limited
liability company organized under the laws of the State of Idaho (collectively, "Parties").
WHEREAS,the Parties are mutually interested in enhancing the Meridian community's
quality of life by providing and supporting recreational facilities and opportunities, including those
related to pickleball, for members of the Meridian community;
WHEREAS,the Parties recognize that through cooperation between public and private
parties,publicly-held facilities can be enhanced to meet broader community needs for athletic
programming and recreation;
WHEREAS,BVBC has proposed to construct pickleball facilities at Kleiner Park, located at
1900 N. Records Avenue, in Meridian, Idaho ("Park"), for use by residents of Bri at the Village, an
apartment building owned by BVBC and located at 2233 N. Records Way, in Meridian Idaho (Ada
County parcel no. R1343720350), as well as by members of the public;
WHEREAS,upon the expiration of this Agreement, and in consideration of past and
proposed contributions and commitments of the Parties to maintenance and upkeep of the Pickleball
Facility, the Parties agree to consider extending the term hereof, if such extension is in the best
interest of both Parties and appropriate under the circumstances;
WHEREAS, the Parties' respective governing bodies find that it is fiscally responsible and in
the best interest of the community to enter into an agreement for the construction and use of
pickleball facilities at Park;
NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. CONSTRUCTION OF PICKLEBALL FACILITY
A. BVBC's obligations.
1. Construction of Pickleball Facility. BVBC shall construct in Park four(4) six-inch (6")
concrete slab courts, and related facilities, features, amenities, concrete walkway,
landscaping, and irrigation (collectively, "Pickleball Facility"), to be developed generally at
the location, and in accordance with the plan, as show in Exhibit A hereto. Such construction
shall include, but shall not necessarily be limited to, the following:
a. Configuration of courts. BVBC shall conduct survey work necessary to maximize the
number of pickleball courts, as may be configured horizontally and/or vertically, in the
desired location in Park.
AGREEMENT FOR DEVELOPMENT AND JOINT USE OF PICKLEBALL FACILITY AT KLEINER PARK PAGE I
Item#13.
b. Specifications. BVBC shall construct the Pickleball Facility in accordance with industry
standards for such facilities. Specifically, BVBC's construction of the Pickleball Facility
shall include,but shall not be limited to, each and all of the following:
(1) Excavation of a minimum of twenty-four inches (24") of soil, removal from the site, in
order to accommodate concrete flatwork;
(2) Grading the affected area within a tolerance of two inches (2");
(3) Demarcation of regulation baselines, centerlines, sidelines, and non-volley lines;
(4) Installation of Plexipave coating over the concrete courts;
(5) Paving, sawcutting and installation of concrete slab with color coat system, five feet
(5') in width, with a concrete ribbon, as shown in Exhibit A, or post-tension concrete
with color coat system;
(6) Installation of a black vinyl-clad chain-link fence with a height of four feet (4') on the
front and back of each court, with no fencing on the courts' sides; and
(7) Installation of pickleball net posts and net systems on each court.
2. Final Completion. Upon final completion of the Pickleball Facility, BVBC shall obtain and
deliver to City:
a. Waivers of lien from any and all sub-contractors and major materials suppliers;
b. Report from an independent testing agency approving the structural soundness of the
constructed pickleball courts and installation materials and methods; and
c. Written proof of final inspection and approval of the Pickleball Facility by the Parks
Superintendent.
3. Primary Source of Contact for BVBC. BVBC shall provide City the name, e-mail address,
and telephone number of specific BVBC personnel (hereinafter`BVBC Construction
Contact") who shall serve as BVBC's primary contact between City and BVBC for all matters
regarding construction of the Pickleball Facility.
B. City's obligations.
1. Temporary construction easement conveyed. City does hereby give, grant and convey unto
BVBC a temporary easement over and across that portion of the Park reasonably necessary to
stage and use materials and equipment during the construction of the Pickleball Facility, as
directed by the Superintendent of the Meridian Parks and Recreation Department. BVBC's
right to have and to hold the said easement and right-of-way on the Premises shall be
temporary, and shall terminate upon City's Final Acceptance of the Pickleball Facility as set
forth in this Agreement. Following City's Final Acceptance of the Pickleball Facility, City
shall restore the construction easement area.
2. Amenities. City shall install any comfort and convenience amenities at the Pickleball Facility,
at City's sole election.
3. Drainage. City shall construct the drainage Swale as depicted in Exhibit A.
4. Primary Source of Contact for City. City shall provide BVBC the name, e-mail address,
and telephone number of specific City personnel (hereinafter"City Construction Contact")
who shall serve as City's primary contact between City and BVBC for all matters regarding
construction of the Pickleball Facility.
AGREEMENT FOR DEVELOPMENT AND JOINT USE OF PICKLEBALL FACILITY AT KLEINER PARK PAG�
Page 250
Item#13.
5. Final Acceptance. Following Final Completion, as signified by BVBC's delivery of the
enumerated documentation as specified herein,the City shall execute Final Acceptance of the
Pickleball Facility, which shall be signified by City's adoption of a resolution indicating that
the City accepts the delivery of the Pickleball Facility as constructed by BVBC and delivered
to City.
II.JOINT USE OF PICKLEBALL FACILITY
A. Obligations and rights contingent on Final Acceptance. City's Final Acceptance of the
Pickleball Facility as described in this Agreement shall be contingent on, and a condition
precedent to, the obligations and rights of the Parties related to the joint use of the Pickleball
Facilities pursuant to this section II.
B. BVBC's obligations.
1. Primary Source of Contact for BVBC. BVBC shall provide City the name, e-mail address,
and telephone number of specific BVBC personnel (hereinafter"BVBC Pickleball Contact")
who shall serve as BVBC's primary contact between City and BVBC for all matters regarding
the day-to-day scheduling,use, and maintenance of the Pickleball Facility.
2. Reasonable use. BVBC shall employ best efforts to ensure that the use of the Pickleball
Facility by the residents of Bri at the Village is appropriate and reasonable, i.e.,
commensurate with typical daily use of a pickleball court and related amenities. BVBC shall
exercise best efforts to see that any and all use of the Pickleball Facility, where such use is
scheduled or authorized by BVBC, is in compliance with all laws and with City's policies
regarding use of City parks and/or facilities, including,but not limited to, such reasonable
policies as may be adopted or enacted by the Director of the Meridian Parks and Recreation
Department.
B. City's obligations.
1. Maintenance and utilities. City shall provide all usual maintenance and repair of the
Pickleball Facility and related amenities, as necessary. City shall provide all necessary
utilities to the Pickleball Facility, as needed. Except as otherwise set forth herein, City shall
repair and/or replace any utility infrastructure, amenities, and/or vegetation that are physically
damaged by use, misuse, vandalism, acts of nature, weather, or other damage or wear and
tear. City shall provide custodial services at the Pickleball Facility.
2. Scheduling. Except as otherwise set forth herein, and with due regard for BVBC's priority
use as set forth herein, City shall be solely responsible for scheduling of all use and
reservations of the Pickleball Facility.
3. Primary Source of Contact for City. City shall provide BVBC the name, e-mail address,
and telephone number of specific City personnel (hereinafter"City Pickleball Contact")who
shall serve as City's primary contact between City and BVBC for all matters regarding the
day-to-day scheduling,use, and maintenance of the Pickleball Facility.
AGREEMENT FOR DEVELOPMENT AND JOINT USE OF PICKLEBALL FACILITY AT KLEINER PARK PAG�
Page 251
Item#13.
C. Rights of residents of Bri at the Village.
1. Definition of resident. For purposes of this Agreement, a"resident of Bri at the Village"
shall mean a person who is listed as a tenant on a valid, current lease between such person and
BVBC or BVBC's agent that leases residential living units at the Bri at the Village. The
rights granted to residents of Bri at the Village by this Agreement shall not be transferrable to
any other persons, including any agent, guest, invitee, or sublessee of a resident(s) of Bri at
the Village.
2. Priority reservation. For ten(10) years from the date of City's Final Acceptance of the
Pickleball Facility, residents of Bri at the Village shall be entitled to Priority Reservation of
the Pickleball Facility between 10:00 a.m. and 12:00 p.m. (noon) on Mondays, Wednesdays,
and Fridays ("Priority Reservation Times"). Priority Reservation shall include the rights to
reserve pickleball courts at the Pickleball Facility, at no charge, during the Priority
Reservation Times. To exercise Priority Reservation rights,residents of Bri at the Village
shall contact the Meridian Parks and Recreation Department("MPR") and reserve a pickleball
court during the Priority Reservation Times. MPR shall not allow persons who are not
residents of Bri at the Village to reserve the pickleball courts at the Pickleball Facility during
the Priority Reservation Times. However, it is agreed by the parties that at all times not
subject to a reservation confirmed by MPR, including during the Priority Reservation Times,
the Pickleball Facility and all components thereof shall be open to use by both residents of Bri
at the Village, and by the general public, on a first-come, first-served basis. Reservations at
times other than the Priority Reservation Times shall be available to both residents of Bri at
the Village, and to the general public, on a first-come, first-served basis. All reservations,
including those made by residents of Bri at the Village during Priority Reservation Times,
shall be subject to, and shall comply all respects, with any and all applicable state laws, City
ordinances, and/or City or MPR policies.
3. Collection of fees. Absent specific written approval from the Director of the Meridian Parks
and Recreation Department, no person or persons, including,but not limited to, BVBC or Bri
at the Village residents, shall be authorized to assess or collect fees from any person, persons,
or group using the Pickleball Facility, including any fee for use of the Pickleball Facility
under a Priority Reservation.
4. No right to exclude conveyed. The Priority Reservation rights granted to the residents of Bri
at the Village by this Agreement shall not include the right to exclude any law-abiding person
from Pickleball Facility or Park where such person is not interfering with the reserving party's
use thereof, nor the right to interfere with any person's concurrent, lawful use of the
Pickleball Facility or Park where such concurrent use does not conflict or interfere with the
reserving party's use. At all times when the Pickleball Facility are not reserved, including
during the Priority Reservation Times, the residents of Bri at the Village shall be on an equal
footing with the general public regarding use of Pickleball Facility, which shall include,but
shall not be limited to, reservation requirements and payment of all applicable reservation and
other fees. The residents of Bri at the Village shall exercise the Priority Reservation rights
granted by this Agreement only in accordance with the terms of this Agreement and in
accordance with any and all applicable laws and City policies.
AGREEMENT FOR DEVELOPMENT AND JOINT USE OF PICKLEBALL FACILITY AT KLEINER PARK PAG�
Page 252
Item#13.
D. Rights of City.
1. Public park. The parties hereto expressly acknowledge that Park is a public space, the
management and scheduling of which shall at all times be within the sole purview of City.
City shall have the right to use or allow the use of Park for any and all purposes and under any
and all conditions, so long as such use does not directly interfere with a reserved use of
Pickleball Facility. All provisions of state law, Meridian City Code, and MPR policy, as such
provisions exist on the Effective Date and as may be later adopted or amended, shall apply in
Park and in Pickleball Facility. City shall have the right to close Park and/or the Pickleball
Facility for maintenance,repairs, or where closure is in the best interest of the public health,
safety, or welfare. It is acknowledged by the Parties that when Park, Pickleball Facility, or
any component of Pickleball Facility is closed, such closed area is closed to both the general
public and to residents of the Bri at the Village, and Priority Reservation rights shall not
apply.
2. Alterations/improvements to Park. City shall have the right to make alterations of Park
and/or to construct or locate fences, fixtures, structures, and/or any other improvements in or
upon Park or Park facilities, infrastructure, and vegetation, so long as such alterations,
construction, or improvements will not unreasonably affect BVBC's use of the Pickleball
Facility as set forth in this Agreement, except that City may undertake alterations,
construction, or improvements to or in Park on an immediate basis without notice to BVBC
where such action is necessary to protect the health, safety, and/or welfare of the public.
3. Collection of Fees. Except as otherwise specifically set forth in this Agreement, in
accordance with applicable law and policies, City shall have right to assess and collect
reasonable user fees from persons who use Park or the Pickleball Facility. BVBC shall not be
entitled to any user fee or portion thereof assessed and/or collected by City.
III. GENERAL PROVISIONS.
The following provisions shall be applicable during both BVBC's construction of the Pickleball
Facility, and BVBC's and City's joint use of the Pickleball Facility.
A. Notice. Communication between the BVBC Construction Contact and the City Construction
Contact regarding day-to-day matters shall occur via e-mail or telephone. Communication
between the BVBC Pickleball Contact and the City Pickleball Contact regarding day-to-day
matters (e.g., issues related to facility condition, use, scheduling, or maintenance of the Pickleball
Facility) shall occur via e-mail or telephone. All other notices required to be given by either of
the parties hereto shall be in writing and be deemed communicated when personally served, or
mailed in the United States mail, certified, return receipt requested, addressed as follows:
To City. To BVBC:
City of Meridian BVBC Cadence Village, LLC
Attn: Parks and Recreation Director Attn: Robert Phillips, Manager
33 E. Idaho Avenue 2929 W. Navigator Drive
Meridian, Idaho 83642 Suite 400
Meridian, Idaho 83642
AGREEMENT FOR DEVELOPMENT AND JOINT USE OF PICKLEBALL FACILITY AT KLEINER PARK PAG�
Page 253
Item#13.
Any party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
B. Time of the essence. The Parties acknowledge and agree that time is of the essence with respect
to this Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of, and a default under, this Agreement by the party so failing to perform.
C. Assignment. BVBC shall not assign or sublet all or any portion of its respective interests in this
Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the
prior written consent of City. This Agreement and each and all of the terms and conditions hereof
shall apply to and are binding upon the respective organizations, agents, legal representatives,
successors, and assigns of the parties.
D. No agency. Neither BVBC nor its respective employees, agents, lessees, contractors, officials,
officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for
any purpose whatsoever in their respective construction, use, and/or occupancy of Park or the
Pickleball Facility.
E. Insurance—BVBC. BVBC shall submit to City proof of an insurance policy issued by an
insurance company licensed to do business in Idaho protecting BVBC, and BVBC's employees,
agents, contractors, officials, officers, servants, guests, and/or invitees from all claims for
damages to property and bodily injury, including death, which may arise in connection with
construction of the Pickleball Facility. Such insurance shall name City as an additionally insured
party, and shall afford at least one million dollars ($1,000,000.00) per person bodily injury, one
million dollars ($1,000,000.00) per occurrence bodily injury, and one million dollars
($1,000,000.00) per occurrence property damage. The limits of insurance shall not be deemed a
limitation of the covenants to indemnify and save and hold harmless City as set forth in this
Agreement. If City becomes liable for an amount in excess of the insurance limits herein
provided due to the actions or omissions of BVBC or any BVBC employee, agent, contractor,
official, officer, servant, guest, and/or invitee, BVBC covenants and agrees to indemnify and save
and hold harmless City from and for all such losses, claims, actions, or judgments for damages or
liability to persons or property.
F. No warranty; use is on as-is basis. City makes no warranty or promise as to the condition,
safety, usefulness, or habitability of the Park and Pickleball Facility; BVBC and each and all of
its employees, agents, tenants, contractors, officials, officers, servants, guests, and/or invitees, and
all participants in BVBC programming related to the Pickleball Facility accept Pickleball
Facilities for all uses as they are. BVBC acknowledges that use of the Pickleball Facility carries
risks, some of which are unknown, and with that knowledge does assume all known and unknown
risks of using the Pickleball Facility.
G. Compliance with laws. In performing the scope of services required hereunder, City and BVBC
shall comply with all applicable laws, ordinances, and codes of federal, state, and local
governments.
H. Attorney fees. Should any litigation be commenced between any or all of the Parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
AGREEMENT FOR DEVELOPMENT AND JOINT USE OF PICKLEBALL FACILITY AT KLEINER PARK PAG�
Page 254
Item#13.
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.
I. Term of Agreement. This Agreement shall become effective as of the Effective Date upon
execution by all parties. As to BVBC, except as otherwise set forth herein, this Agreement shall
expire upon City's Final Acceptance of the Pickleball Facility, unless earlier terminated or
extended in the manner as set forth in this Agreement. As to BVBC, except as otherwise set forth
herein, this Agreement shall expire ten(10) years from the date of City's Final Acceptance of the
Pickleball Facility, unless earlier terminated or extended in the manner as set forth in this
Agreement.
J. Termination.
1. Grounds for termination. Grounds for termination of this Agreement shall include, but shall
not be limited to:
a. An act or omission by any party which breaches any term of this Agreement.
b. An act of nature or other unforeseeable event which precludes or makes impossible the
performance of the terms of this Agreement by any party.
c. A change in circumstances that renders the performance by any party a detriment to the
public health, safety, or welfare.
2. Termination process. Any party may terminate this Agreement by providing ninety(90)
days' advance written notice of intention to terminate. Such written notice shall include a
description of the breach or circumstances providing grounds for termination. A thirty(30)
day cure period shall commence upon mailing of the notice of intention to terminate. If, upon
the expiration of such cure period, cure of the breach or circumstances providing grounds for
termination has not occurred, this Agreement may be terminated upon provision of written
notice of termination.
K. Nonappropriation.The Parties acknowledge that City is a governmental entity, and the validity
of this Agreement is based upon the availability of public funding under the authority of City's
statutory mandate.
L. 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.
M. Exhibits.All exhibits to this Agreement are incorporated by reference and made a part of this
Agreement as if the exhibits were set forth in their entirety in this Agreement.
N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged,
modified or altered except upon written agreement signed by all relevant parties hereto.
O. Non-waiver. Failure of any party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter
AGREEMENT FOR DEVELOPMENT AND JOINT USE OF PICKLEBALL FACILITY AT KLEINER PARK PAG�
Page 255
enforce such term, and any right or remedy hereunder may be asserted at any time after the
governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in
enforcement.
P. Applicable law. This Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Idaho and the City of Meridian.
Q. Approval required. This Agreement shall not become effective or binding until approved by the
respective governing bodies of BVBC and City.
IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their
duly authorized officers to be effective as of the day and year first above written.
BVBC CADENCE VILLAGE,LLC:
BY:
Robert Phillips for Brighton Corporation
Manager, BVBC Cadence Village, LLC
CITY OF MERIDIAN: ATTEST:
BY:
Robert E. Simison 6-7-2022 Chris Johnson 6-7-2022
Mayor City Clerk
AGREEMENT FOR DEVELOPMENT AND JOINT USE OF PICKLEBALL FACILITY AT KLEINER PARK PAGE 8
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Item#14.
E IDIAN
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AGENDA ITEM
ITEM TOPIC: Memorandum of Agreement Between the City of Meridian and Meridian
Dairy & Stock Shows, Inc. for Meridian Dairy Days
Page 258
Item#14.
C� fIEN ,
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IDAHG-.
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Emily Kane, Deputy City Attorney Meeting Date: June 7, 2022
Presenter: Bill Nary, City Attorney Estimated Time: .1 minutes
Topic: Memorandum of Agreement: Meridian Dairy Days
Recommended Council Action:
Approve the agreement and authorized the Mayor's signature.
Background:
Pursuant to City Council's direction at the May 17 meeting, this agreement establishes the
respective parties' duties and commitments for the presentation of Meridian Dairy Days by the
Meridian Dairy&Stock shows,to include both activities at Storey Park, from June 23 to June 25,
2022, and a parade in downtown Meridian, on June 25, 2022.
Page 259
MEMORANDUM OF AGREEMENT: MERIDIAN DAIRY DAYS
This Memorandum of Agreement (hereinafter "Agreement") is made this 7th day of June, 2022
(the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under
the laws of the State of Idaho (hereinafter"City"), and Meridian Dairy& Stock Shows, Inc., a non-profit
organization organized under the laws of the State of Idaho (hereinafter "Organizer").
WHEREAS,Meridian Dairy Days has been celebrated in Meridian since 1929, and Organizer
continues to uphold this historic legacy of community spirit, agricultural heritage, and building strong
leaders for our future by supporting 4-H and Future Farmers of America in the Meridian area;
WHEREAS,Meridian City Code section 3-4-5(F)(3)(b) authorizes the provision of City
services necessary to support historic Meridian special events at no or reduced charge to the organizer,
as established by written agreement;
WHEREAS,Meridian City Code section 13-2-4(C)(1) states that no park reservation fee shall
apply to Historic Meridian Special Events;
WHEREAS,Meridian City Council finds that investing public funds in Organizer's event will
enhance the Meridian community's quality of life, highlight a vital part of Meridian's history and future,
and stimulate economic development by showcasing downtown Meridian;
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, City and
Organizer agree as follows:
I.CITY'S COMMITMENTS.
A. Use of Park. At no charge to Organizer, City shall allow Organizer to host the historic Meridian
special event known as Meridian Dairy Days ("Event") in City's Storey Park, located at 205 E.
Franklin Road ("Park"), from June 23, 2022 to June 25, 2022, at the time, place, and manner set
forth in this Agreement and in City of Meridian Temporary Use Permit no. TUP-22-0043.
B. Parks & Recreation staffing. At no charge to Organizer, City shall provide services of Meridian
Parks &Recreation Department personnel as needed to support the Event, including trash removal,
janitorial services, and ongoing and on-call facility oversight and maintenance.
C. Traffic control plan. City shall directly pay one (1) vendor, selected by Organizer, and approved
by the Ada County Highway District, to provide a traffic control plan for the parade, for review and
approval by the Ada County Highway District and Meridian Police Department, as well as
barricades, cones, candles, and any other equipment necessary for vehicle and pedestrian traffic
safety and control. City shall pay the vendor directly within thirty (30) days of receipt of vendor's
invoice.
MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE I
Item#14.
D. Meridian Police staffing. At no charge to Organizer, City shall provide services of Meridian Police
Department personnel as needed to support the Event, primarily traffic and crowd control for the
parade.
E. Meridian Fire staffing. At no charge to Organizer, City shall provide services of Meridian Fire
Department personnel as needed to support the Event, primarily available to provide emergency
medical services for patrons of the parade.
F. Application fee waived. City shall waive the temporary use permit application fee for TUP no.
TUP-22-0043.
G. Facility operation. City shall provide general maintenance, mowing, irrigation, and custodial
services with regard to Park facilities, infrastructure, and vegetation. City shall provide all necessary
utilities and services to Park facilities, including, but not limited to, electricity, potable water,
sewage service, and/or typical waste and refuse removal.
II.ORGANIZER'S COMMITMENTS.
A. Reasonable use. Organizer shall employ best efforts to ensure that its use of Park and Park
facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. Organizer shall
exercise best efforts to see that any and all use of Park, to the extent reserved by Organizer, is in
compliance with all laws and with City's policies regarding use of City parks and/or facilities,
including, but not limited to, policies be adopted or enacted by the Director of the Meridian Parks
and Recreation Department.
B. Permitting. In addition to compliance with all terms and provisions of this Agreement, Organizer
shall separately obtain and comply with each and all of the following permits, as required by law:
1. City of Meridian Temporary Use Permit for a Historic Meridian Special Event;
2. Any and all applicable licenses, permits, inspections, and/or certifications from the Ada County
Highway District;
3. Any and all applicable licenses, permits, inspections, and/or certifications from the Central
District Health Department; and
4. Any and all reservations and scheduling arrangements required by the Meridian Parks and
Recreation Department, Meridian Police Department, and Meridian Fire Department.
C. Manner of Park use. Organizer's use of Park for Event shall be subject to all terms and conditions
as set forth in this Agreement, in City of Meridian Temporary Use Permit no. TUP-22-0043, and any
applicable laws and policies, including, without limitation, the Meridian Parks and Recreation Event
Planners' Handbook. Such terms and conditions shall include, but shall not be limited to, the
following:
1. Park is public property; the public must have general access to all open areas of Park at all times.
2. Organizer shall make every effort to provide and maintain access to Event for persons with
disabilities.
3. No smoking shall be allowed in Park.
4. Used water, grease, charcoal, and other materials and supplies must be carried out of Park at the
conclusion of Event, and may not be disposed of at Park.
MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE 2 page 261
Item#14.
1. Insurance. Organizer shall submit to City proof of an insurance policy issued by an insurance
company licensed to do business in Idaho protecting Organizer, Organizer's employees, and
Organizer's agents from all claims for damages to property and bodily injury, including death, which
may arise during or in connection with Event, including Event set-up and tear-down. Such insurance
shall name City as additional insured, and shall afford at least one million dollars ($1,000,000.00)
per person bodily injury, one million dollars ($1,000,000.00) per occurrence bodily injury, and one
million dollars ($1,000,000.00) per occurrence property damage. The limits of insurance shall not
be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in
this Agreement or any permit.
IV.GENERAL PROVISIONS.
A. Notice. Communication between Organizer and the City Contact regarding day-to-day matters shall
occur via e-mail or telephone. All other notices required to be given by either of the parties hereto
shall be in writing and be deemed communicated when personally served, or mailed in the United
States mail, or via e-mail, addressed as follows:
City: Organizer:
City of Meridian Hans Bruijn, President
Attn: City Clerk Meridian Dairy & Stock Shows, Inc.
33 E. Broadway Avenue 6627 Airport Road
Meridian, Idaho 83642 Nampa, Idaho 83687
cityclerk@meridiancity.org bruijn@centurylink.net
B. No right to exclude conveyed. Use of Park under this Agreement shall include neither the right to
exclude any law-abiding person from Park where such person is not unduly interfering with
Organizer's use thereof, nor the right to interfere with any person's concurrent, lawful use of Park
where such concurrent use does not conflict or interfere with Organizer's use. At all times
Organizer shall be on an equal footing with the general public regarding its use of Park. Organizer
shall exercise any exclusive use granted by this Agreement only in accordance with the terms of this
Agreement and in accordance with any and all applicable laws and City policies.
C. No agency. Neither Organizer nor Organizer's employees, agents, contractors, officials, officers,
servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose
whatsoever in their use and occupancy of Park.
D. Indemnification. Organizer and each and all of Organizer's employees, agents, contractors,
officials, officers, servants, guests, and/or invitees, including any and all participants in Event or
related activities, shall indemnify and save and hold harmless City from and for any and all losses,
claims, actions,judgments for damages, or injury to persons or property and losses and expenses
caused or incurred by Organizer or any Organizer employee, agent, contractor, official, officer,
servant, guest, and/or invitee, or any participant in or observer of Organizer programming, at or in its
use of Park or any lack of maintenance or repair thereon and not caused by or arising out of the
tortious conduct of City.
MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE 3 page 262
Item#14.
E. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or
habitability of the premises; Organizer accepts Park for use as is, both at the Effective Date of this
Agreement and throughout the course of Event and all related activities.
F. Compliance with laws. In performing the scope of services required hereunder, City and Organizer
shall comply with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
G. 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.
H. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely
manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence
with respect to this Agreement, and that the failure to timely perform any of the obligations
hereunder shall constitute a default of this Agreement.
I. Termination.
1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to:
an act or omission by either party which breaches any term of this Agreement; an act of nature or
other unforeseeable event which precludes or makes impossible the performance of the terms of
this Agreement by either party; or a change in or occurrence of circumstances that renders the
performance by either party a detriment to the public health, safety, or welfare.
2. Process. Either party may terminate this Agreement by providing twenty-four(24) hours notice
of intention to terminate. Such notice shall include a description of the breach or circumstances
providing grounds for termination. A twenty-four (24) hour cure period shall commence upon
provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure
of the breach or circumstances providing grounds for termination has not occurred, this
Agreement shall be terminated upon mailing or e-mailing of notice of termination.
J. Nonappropriation. Organizer acknowledges that City 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, City's obligations under this
Agreement shall be subject to and dependent upon appropriations being made by City Council for
such purpose.
K. 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.
MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE 4 page 263
L. Entire Agreement. This Agreement and Temporary Use Permit no. TUP-22-0043 contain the
entire agreement of the parties and supersede any and all other agreements or understandings, verbal
or written, whether previous to the execution hereof or contemporaneous herewith.
M. Applicable law. This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Idaho.
N. Approval required. This Agreement shall not become effective or binding until approved by the
respective governing boards of both Organizer and City.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
ORGANIZER:
BY:
ans Bruijn i
President, Meridian Dairy& Stock Shows, Inc.
CITY OF MERIDIAN: Attest:
BY:
Robert E. Simison, Mayor 6-7-2022 Chris Johnson, City Clerk 6-7-2022
MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE 5
Item#15.
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Equipment Purchase Agreement with Kurita American for Well 26 Filter
Equipment for the Not-To-Exceed Amount of$953,566.00
Page 265
Item#15.
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IDAHG-.
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Keith Watts, Procurement Manager Meeting Date: 6/7/2022
Presenter: N/A Estimated Time: 0.00
Topic: Approval of Equipment Purchase Agreement with Kurita American for Well 26 Filter
Equipment for the Not-To-Exceed Amount of$953,566.00
Recommended Council Action:
Award of Contract to Kurita America, Inc. for the Not-to-Exceed amount of$856,566.00 and
authorize Procurement Manager to sign the Agreement and resulting Purchase Order for the Not-
to-Exceed amount of 953,566.00.
Background:
This agreement is the result of Formal RFP #PW-2230-11084.b issued 3/15/22. Two vendodrs
responded to the RFP. Public Works previously requested a budget amendment that was
approved at the May 24th Council Meeting.
Page 266
AGREEMENT FOR THE SUPPLY OF
WELL 26 FILTER EQUIPMENT
PROJECT #11084.b
THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made
this 17t" 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 KURITA
AMERICA, INC., hereinafter referred to as "SUPPLIER", whose business address is
6600 94t" Ace. N, Minneapolis, MN 55445.
INTRODUCTION
Whereas, the City has a need for WELL 26 FILTER EQUIPMENT; and
WHEREAS, the SUPPLIER is specially trained, experienced and
competent to provide and has agreed to provide such equipment;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1 . Equipment / Supply Specifications & Requirements:
1 .1 SUPPLIER shall supply the equipment, supplies and services to the
City upon execution of this Agreement and receipt of the City's written notice
to proceed, all items, and comply in all respects, as specified in the Request
for Proposals titled "Well 26 Filter Equipment" and suppliers proposal dated
March 15, 2022, which by this reference are incorporated herein, together
with all addendums issued.
1 .2 The SUPPLIER shall provide all equipment and services under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions and the UCC. The SUPPLIER 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.
Item#15.
2. Consideration
2.1 The SUPPLIER shall be compensated on a Fixed Price basis as
provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof, for the Not-To-Exceed amount of
$953,566.00.
2.2 The SUPPLIER shall provide the City with a detailed invoice upon
delivery of all equipment and supplies, which the City will pay within 30 days
of receipt of a correct invoice and approval by the City Project Manager.
The City will not withhold any Federal or State income taxes or Social
Security Tax from any payment made by City to SUPPLIER under the terms
and conditions of this Agreement. Payment of all taxes and other
assessments on such sums is the sole responsibility of SUPPLIER.
2.3 Except as expressly provided in this Agreement, SUPPLIER 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,
SUPPLIER shall not be entitled by virtue of this Agreement to consideration
in the form of overtime, health insurance benefits, retirement benefits, paid
holidays or other paid leaves of absence of any type or kind whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, or
(b) unless sooner terminated as provided below or unless some other
method or time of termination is listed in Attachment A.
3.2 Should SUPPLIER 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 SUPPLIER.
3.3 Should City fail to pay SUPPLIER all or any part of the compensation
set forth in Attachment B of this Agreement on the date due, SUPPLIER, at
the SUPPLIER's option, may terminate this Agreement if the failure is not
remedied by the City within thirty (30) days from the date payment is due.
4. Termination:
If, through any cause, SUPPLIER, 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
Page 268
Item#15.
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 SUPPLIER of such termination and specifying the
effective date thereof at least fifteen (15) days before the effective date of
such termination.
Notwithstanding the above, SUPPLIER shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by SUPPLIER, and the CITY may withhold any payments to
SUPPLIER for the purposes of set-off until such time as the exact amount
of damages due the CITY from SUPPLIER is determined. This provision
shall survive the termination of this agreement and shall not relieve
SUPPLIER of its liability to the CITY for damages.
5. Independent SUPPLIER:
5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting
as an independent SUPPLIER, and neither SUPPLIER nor any officer,
employee or agent of SUPPLIER will be deemed an employee of CITY.
Except as expressly provided in Attachment A, SUPPLIER 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.
5.2 SUPPLIER, its agents, officers, and employees are and at all times
during the term of this Agreement shall represent and conduct themselves
as independent SUPPLIERs and not as employees of the City.
5.3 SUPPLIER shall determine the method, details and means of
performing the work and services to be provided by SUPPLIER under this
Agreement. SUPPLIER 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 SUPPLIER in fulfillment of
this Agreement. If in the performance of this Agreement any third persons
are employed by SUPPLIER, such persons shall be entirely and exclusively
under the direction and supervision and control of the SUPPLIER.
6. Indemnification and Insurance:
a. SUPPLIER shall indemnify and save and hold harmless CITY 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
Page 269
Item#15.
litigation costs and attorney's fees, arising out of, resulting from, or in
connection with the performance of this Agreement by the SUPPLIER, its
servants, agents, officers, employees, guests, and business invitees, and
not caused by or arising out of the tortuous conduct of CITY or its
employees. SUPPLIER 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, Professional 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, SUPPLIER 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 SUPPLIER or SUPPLIER's officers, employs, agents, representatives
or sub-SUPPLIERs and resulting in or attributable to personal injury, death,
or damage or destruction to tangible or intangible property, including use of.
SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof
of insurance evidencing SUPPLIER'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 SUPPLIER begins performance of it's obligations
under this Agreement. In the event the insurance minimums are changed,
SUPPLIER 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.
6.2 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 SUPPLIER shall provide a bond, cash
or letter of credit guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, SUPPLIER'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 SUPPLIER's insurance
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Item#15.
and shall not contribute with SUPPLIER's insurance except as to the extent
of City's negligence.
b. The SUPPLIER'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.
6.4 All insurance coverages for Suppliers subs shall be subject to all of
the insurance and indemnity requirements stated herein.
6.5 The limits of insurance described herein shall not limit the liability of
the Supplier and Supplier's agents, representatives, employees or
subcontractors.
6.6 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
7. Bonds: Payment and Performance Bonds are required.
8. Warranty: In addition to any warranty required in the specifications, all
equipment, coatings, valves, controls, and other components provided
under this agreement shall be guaranteed for two (2) years against defects
in workmanship and materials from the notice of acceptance.
9. 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 of Meridian
Procurement Manager
33 E. Broadway Avenue
Meridian, Idaho 83642
Ph. (208) 489-0417
Email: kwatts@meridiancity.org
Kurita America, Inc.
Attn: Steve Mayo
6600 94t" Avenue North
Minneapolis, MN 55445
Ph. 866-663-7633
e-mail: s.mayo@kurita-water.com
Page 271
Item#15.
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.
9. 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.
10. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
11 . Assignment: It is expressly agreed and understood by the parties hereto,
that SUPPLIER 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.
12. Discrimination Prohibited: In performing the Work required herein,
SUPPLIER 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.
13. Reports and Information:
13.1 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.
13.2 SUPPLIER 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.
14. 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 SUPPLIER'S records with respect to all
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Item#15.
matters covered by this Agreement. SUPPLIER 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.
15. 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.
16. Compliance with Laws: In performing the scope of work required
hereunder, SUPPLIER shall comply with all applicable laws, ordinances,
and codes of Federal, State, and local governments.
17. 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 SUPPLIER'S compensation, which are
mutually agreed upon by and between the CITY and SUPPLIER, shall be
incorporated in written amendments which shall be executed with the same
formalities as this Agreement.
18. 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.
19. 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.
20. 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.
21 . 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.
Page 273
22. Order of Precedence: The order or precedence shall be the contract
agreement, the Invitation for Bid document, then the winning bidders
submitted bid document.
23. 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.
24. Approval Required: This Agreement shall not become effective or binding
until approved by the City of Meridian.
CITY OF MERIDIAN KURITA AMERICA, INC. PMER�•..
o�?ORgT 2
BY: BY: ; ;; SEAL
Keith/ atts, Procurement Manager Nathan Bach :?NFaPo��� �
Executive VP of Engineering& Equiprtrent'
6/3/22
Dated: 6/7/2022 Dated: 6/3/2022
Approved by City Council: 6/7/2022
Item#15.
Attachment A
SCOPE OF WORK
REFER TO REQUEST FOR PROPOSALS PW-2230-11084.b ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the Request for Proposals Package #
PW-2230-11084.b and written proposal by SUPPLIER dated March 15, 2022 are by this
reference made a part hereof.
• The project consists of constructing an Iron and Manganese Filter to remove
excess levels of the constituents from supply water before entering the
distribution system.
See 127 Page Document Titled "4 — Well 26 Specifications" on Bonfire portal.
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Item#15.
Attachment B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$953,566.00.
Substantial (Delivery) Completion 480 Days from NTP and Final Completion 510 Days from NTP
MILESTONE DATES/PRICING SCHEDULE
DATE
DESCRIPTION (Dependent on AMOUNT
Council Approval
1 . Complete Filtration System Well 26
CONTRACT TOTAL....................... $953,566.00
Page 276
Item#16.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Payment Processing Agreement Between CSG Forte Payments, Inc. and the
City of Meridian
Page 277
PAYMENT PROCESSING AGREEMENT
(Limited Acceptance Agency)
This Payment Processing Agreement("Agreement"), including all applicable appendices and addendums hereto,
is entered into as of the date last signed below(the"Effective Date")by and between CSG Forte Payments,Inc.
("FORTE" or"Party") a Delaware corporation and the City of Meridian,an Idaho municipal corporation,
("AGENCY"or"Party").
FORTE and its affiliates provide payment processing and related services including but not limited to Automated
Clearing House("ACH"),credit and debit card processing, account verification and customer identification
(collectively and individually,as applicable, (the"Services")to AGENCY who provides services to,or otherwise
has a business relationship with,individuals and other entities("Constituents"or"Receiver"herein).
1. GENERAL
The Agreement shall consist of these terms and conditions, each of the Appendices attached hereto if applicable,
and all modifications and amendments thereto. Under the terms of the Agreement,AGENCY will be furnished
with the products and services described in the Agreement and attached Appendices, which are selected by
Agency and approved by FORTE. For any terms herein that are specifically applicable to any particular product
or service offered by FORTE,only the terms and conditions that apply to the specific Service(s)requested by
Agency at any given time shall apply.
2. USAGE
2.1 Subject to the terms and conditions of this Agreement,FORTE hereby grants to AGENCY a non-
exclusive and non-transferable license to access and use FORTE's products and services contracted for and
AGENCY hereby accepts such license and agrees to utilize and access the Services in accordance with the
practices and procedures established by FORTE. AGENCY may use the Services(a)for its own internal
business purposes and operations,and/or(b)as a service provided to its Constituents,unless otherwise notified by
FORTE. No license or right to use,reproduce,translate,rearrange,modify,enhance,display,sell,lease,
sublicense or otherwise distribute,transfer or dispose of any of FORTE's Proprietary Property, as defined in
Section 3 below,in whole or in part, is granted except as expressly provided by this Agreement.Neither
AGENCY nor any of its affiliates shall reverse engineer,decompile or disassemble the Proprietary Property.
Additionally,nothing in this Agreement shall be construed to provide AGENCY with a license of any third-party
proprietary information or property.
2.2 AGENCY shall ensure that its Users comply with all applicable requirements of this Agreement.
AGENCY is responsible for protecting the confidentiality of any and all passwords and credentials provided to
AGENCY by FORTE for the purpose of utilizing the Services or other forms of access to AGENCY's accounts
with FORTE.AGENCY is responsible for the security of its systems,locations and equipment used in
processing transactions under this Agreement and for developing security procedures and training its employees
on the procedures.AGENCY expressly assumes responsibility for the acts or omissions of all Users on its
account(s)with FORTE,and for User access to FORTE's systems either directly or through software.
3. OWNERSHIP
All computer programs,trademarks,service marks,patents,copyrights,trade secrets,know-how,and other
proprietary rights in or related to FORTE's products and services(the"Proprietary Property"),are and will remain
the sole and exclusive property of FORTE, whether or not specifically recognized or perfected under applicable
law. FORTE shall own all rights,title and interest,including all intellectual property rights, in and to any
improvements to the existing FORTE products or services and/or any new programs,upgrades,modifications or
enhancements developed by FORTE in connection with rendering any services to AGENCY(or any of its
affiliates),even when refinements and improvements result from AGENCY's request. To the extent, if any,that
ownership in such refinements and improvements does not automatically vest in FORTE by virtue of this
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Agreement or otherwise,AGENCY hereby expressly transfers and assigns(and, if applicable, shall cause its
affiliates to transfer and assign)to FORTE all rights,title,and interest which AGENCY or any of its affiliates
may have in and to such refinements and improvements. All reference to any of FORTE's service marks,
trademarks,patents or copyrights, or those of FORTE's partners or vendors,shall be made in compliance with
the requirements, including periodic updates thereto, as provided at http://www.forte.net/trademark.
4. CONFIDENTIALITY
The Parties acknowledge that,by virtue of this Agreement, each has been and will continue to be entrusted with
certain Confidential Information(as defined in Appendix A) pertaining to the other's business, including but not
limited to proprietary information developed by,acquired by,or licensed to each Party.Each Party agrees that,
except to the extent and in the manner necessary to perform its duties hereunder, and subject to the applicable
provisions of the Idaho Public Records Act, it will not disclose to others or use for its own benefit any
Confidential Information of the other Party and it will hold all Proprietary Property as defined herein
confidential in perpetuity.
Additionally, in the course of providing and receiving the Services, each Party acknowledges that it may receive
or have access to information which can be used to identify an individual consumer(including,without
limitation,names, signatures,addresses,telephone numbers,e-mail addresses,payment history,and other unique
identifiers)("Personal Information"). As such, each Party shall:(i)keep all Personal Information in strict
confidence, with the degree of care necessary to avoid unauthorized access, use or disclosure; (ii)use Personal
Information solely and exclusively for the purposes provided in this Agreement; (iii)implement administrative,
physical and technical safeguards to protect Personal Information that are at least as rigorous as accepted
industry practices; (iv)as applicable,have in place a program that complies with applicable legal requirements
regarding Personal Information.
Except with respect to Personal Information,this section will not apply to Confidential Information that(i)was
already available to the public at the time of disclosure, (ii)becomes generally known to the public after
disclosure to the other party,through no fault of the other party, (iii)is disclosed under force of law,
governmental regulation or court order, (iv)is required to be disclosed by a banking partner,an Acquirer or an
applicable Payment Association.
5. TERM AND TERMINATION
5.1 Term. This Agreement shall have an initial term of three(3)years(the"Initial Term"). Thereafter,this
Agreement will automatically renew for additional one(1)year terms(each a"Renewal Term"and,together with
the Initial Term,the"Term of the Agreement");provided,however,either Party can terminate this Agreement
following the Initial Term by providing thirty(30)days' prior written notice of termination to the other Party.
5.2 Termination. In the event of a material breach of this Agreement by one Party and failure to cure within
thirty(30)days of receipt of written notice of the breach,the other Party may terminate immediately by providing
written notice of termination. Additionally,FORTE may immediately terminate this Agreement without prior
notice in the event that(i)there is a material adverse change to AGENCY or its financial condition;or(ii)
AGENCY experiences excessive chargebacks;or(iii)AGENCY experiences an actual or suspected data security
breach;or(iv)AGENCY violates any applicable Law,Rule or Regulation; or(v)if FORTE is instructed to
terminate by Financial Institution,Acquirer or Payment Association.
6. TRANSACTION PROCESSING
6.1 Accepting Transactions. FORTE shall process credit card, debit card and ACH Transactions on the
AGENCY's behalf on a 24-hour basis.Transactions which are received before the daily designated cut-off time
will be originated for settlement through the corresponding Payment Network. Transactions which are received
after the designated cut-off time will be included in the next business day's settlement processing.
6.1.1 Sale Transactions. If a Transaction is sent to FORTE as a sale of goods or services,it will
automatically be captured for settlement in time for the next designated cut-off time.
6.1.2 Auth/Capture Transactions. If a Transaction is sent to FORTE for authorization only or for
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delayed processing,then it will be the responsibility of AGENCY to submit a corresponding
"capture"Transaction within 48 hours of the authorization in order to complete the Transaction
process for settlement. Transactions which are not captured within 48 hours of Authorization are
untimely and may be rejected by FORTE.
6.2 Transaction Format. FORTE is responsible only for processing Transactions which are received and
approved by FORTE in the proper format,as established by FORTE.
6.2.1 Card Not Present Transactions. For card-based transactions in which the card is not present,
AGENCY must obtain and include as part of the authorization request the 3 or 4 digit Validation
Code and cardholder's billing address information.
6.3 AGENCY Account. In order to provide transaction processing services,FORTE may need to establish
one or more service accounts on Agency's behalf or require AGENCY to establish a service account with a third
party provider subcontracting with FORTE.
6.4 Limited-Acceptance Agency. If appropriately indicated on AGENCY's application attached hereto,AGENCY
may be a Limited-Acceptance Agency,which means that AGENCY has elected to accept only certain
Visa and MasterCard card types(i.e.,consumer credit,consumer debit,and commercial cards)and must display
appropriate signage to indicate the same. FORTE and its associated credit card acquirer have no obligation other
than those expressly provided under the Payment Association Operating Regulations and applicable law as they
may relate to limited acceptance.AGENCY,and not FORTE or Acquirer,will be solely responsible for the
implementation of its decision for limited acceptance, including but not limited to policing the card type(s)
accepted at the point of sale.
6.5 Bona Fide Sales. AGENCY shall only complete sales transactions produced as the direct result of bona
fide sales made by AGENCY to cardholders,and is expressly prohibited from processing,factoring,laundering,
offering,and/or presenting sales transactions which are produced as a result of sales made by any person or
entity other than AGENCY,or for purposes related to financing terrorist activities.
6.6 Setting Limits on Transaction Amount. AGENCY may set a minimum transaction amount to accept a
card that provides access to a credit account, under the following conditions: i)the minimum transaction amount
does not differentiate between card issuers; ii)the minimum transaction amount does not differentiate between
MasterCard, Visa,or any other acceptance brand; and iii)the minimum transaction amount does not exceed ten
dollars(or any higher amount established by the Federal Reserve). AGENCY may set a maximum transaction
amount to accept a card that provides access to a credit account,under the following conditions: AGENCY is a i)
department,agency or instrumentality of the U.S.government; ii)corporation owned or controlled by the U.S.
government; or iii)agency whose primary business is reflected by one of the following MCCs: 8220, 8244, 8249
—Schools, Trade or Vocational; and the maximum transaction amount does not differentiate between
MasterCard, Visa,or any other acceptance brand.
6.7 Modifying Transactions.AGENCY shall regularly and promptly review all Transactions and shall
immediately notify FORTE upon discovery of any and all discrepancies between the records of AGENCY
compared with those provided by FORTE or AGENCY's bank, or with respect to any Transaction that
AGENCY believes was made erroneously or without proper authorization. At AGENCY's request,FORTE will
make commercially reasonable efforts to reverse,modify,void or delete a Transaction after it has been submitted
for settlement. All requests must be made in writing(electronic mail will be deemed as"in writing"for these
purposes),signed or sent by an individual pre-authorized by AGENCY to make such requests,and delivered to
FORTE. AGENCY agrees that FORTE will not be held responsible for any losses,directly or indirectly,incurred
by AGENCY or other third parties as a result of FORTE's failure to accomplish the request before the
Transaction has been processed through the applicable Payment Network.
6.8 Delay or Rejection of Transactions. FORTE may delay or reject any Transaction without prior
notification to AGENCY which is improperly formatted,is untimely, is missing information,which may cause it
to downgrade or if FORTE has reason to believe such Transaction is fraudulent or improperly authorized or for
any reason permitted or required under the Rules or Regulations. FORTE shall have no liability to AGENCY by
reason of the rejection of any such Transaction.
6.9 Returned Items. FORTE shall make available to AGENCY details related to the receipt of any
Transaction that is returned unpaid or Transaction which is charged back and shall credit or charge such returned
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Item#16.
item to AGENCY's Settlement Account.
6.10 Chargebacks. AGENCY acknowledges and agrees that it is bound by the Rules and Regulations of the
Payment Associations with respect to any Chargeback. AGENCY understands that obtaining an authorization for
any sale shall not constitute a guarantee of payment,and such sales can be returned or charged back to AGENCY
like any other item hereunder. In the event a Transaction is charged back,for any reason,the amount of such
Transaction will be deducted from AGENCY's designated Settlement Account or any payment due to AGENCY.
6.11 Excessive Chargebacks. Using limits established by Associations as a standard for review,FORTE
reserves the right to suspend and/or terminate AGENCY's access to the Services should AGENCY's chargeback
ratio exceed allowable limits in any given period. FORTE will make reasonable efforts to provide AGENCY with
notice and a time to cure its excessive chargebacks prior to suspending or terminating AGENCY's access to the
Services. AGENCY acknowledges and expressly authorizes FORTE,in compliance with Payment Association
Rules and Regulations,to provide to the Payment Associations and applicable regulatory bodies,AGENCY's
name and contact information as well as transaction details should AGENCY'S chargeback ratio exceed the
allowable limits in any given period.
6.12 Resubmitting Transactions. AGENCY shall not resubmit any Transaction unless it is returned as(i)
Insufficient funds(RO1); or(ii)Uncollected funds(R09);or unless a new authorization is obtained from
Constituent.
6.13 Settlement. Settlement of AGENCY's funds for Transactions,less any Chargebacks or Returns,to
AGENCY's designated Settlement Account will occur within 72 hours of origination excluding weekends and
US federal banking holidays. Settlement of Transactions will occur via electronic funds transfer over the ACH
Network. Upon receipt of Agency's sales data for card transactions through FORTE's Services,Acquirer will
process AGENCY's sales data to facilitate the funds transfer between the various Payment Associations and
AGENCY. After Acquirer receives credit for such sales data,Acquirer will fund AGENCY,either directly to
the AGENCY-Owned Settlement Account or through FORTE to an account designated by FORTE("FORTE
Designated Account"),at Acquirer's sole option, for such card transactions. AGENCY agrees that the deposit of
funds to the FORTE Designated Account shall discharge Acquirer of its settlement obligation to AGENCY, and
that any dispute regarding the receipt or amount of settlement shall be between FORTE and AGENCY.Acquirer
will debit the FORTE Designated Account for funds owed to Acquirer as a result of the Services provided
hereunder, unless an Agency-owned account is otherwise designated by AGENCY. Further,if a cardholder
disputes a Transaction, if a Transaction is charged back for any reason,or if FORTE or Acquirer reasonably
believe a Transaction is unauthorized or otherwise unacceptable,the amount of such Transaction may be charged
back and debited from AGENCY if settled to an Agency-owned account or debited from the FORTE Designated
Account if settled to that account.
6.14 Provisional and Final Payment. AGENCY,AGENCY's third party senders(if applicable),and/or
AGENCY's agent(s)understand and agree that Entries may be transmitted through the ACH Network,that
payment of an Entry by the RDFI to the Receiver is provisional until receipt by the RDFI of final settlement for
such Entry,and that if such settlement is not received,then the RDFI will be entitled to a refund from the
Receiver of the amount credited and AGENCY will not be deemed to have paid the Receiver the amount of the
Entry.The rights and obligations of AGENCY concerning the Entry are governed by and construed in
accordance with the laws of the state in which the processing ODFI is located,unless AGENCY and FORTE
have agreed that the laws of another jurisdiction govern their rights and obligations.
6.15 Reporting. FORTE will make daily origination and deposit reports available to AGENCY on a 24/7 basis
through the Internet-based FORTE platform.
7. TRANSACTION AUTHORIZATION
7.1 Constituent Authorization.AGENCY shall obtain authorization from Constituent prior to requesting a
Transaction to or from Constituent's account.
7.2 Retention. AGENCY shall retain proof of Constituent's authorization for a period of not less than two(2)
years from the authorization date or revocation of authorization date and shall provide such proof of authorization
to FORTE upon request within five(5)business days of the request.
7.3 Revoked Authorization.AGENCY shall cease initiating Transactions to or from a Constituent's account
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immediately upon receipt of any actual or constructive notice of that Constituent's termination or revocation of
authorization. AGENCY may re-initiate Transactions to or from a Constituent's account only upon receiving
new authorization from the Constituent.
8. AGENCY PROHIBITIONS
AGENCY must not i)require a cardholder to complete a postcard or similar device that includes the cardholder's
account number, card expiration date,signature,or any other card account data in plain view when mailed, ii)
add any tax to Transactions, unless applicable law expressly requires that AGENCY impose a tax(any tax
amount,if allowed,must be included in the Transaction amount and not collected separately), iii)request or use
an account number for any purpose other than as payment for its goods or services, iv)disburse funds in the form
of travelers checks if the sole purpose is to allow the cardholder to make a cash purchase of goods or services
from AGENCY,v)disburse funds in the form of cash unless AGENCY is dispensing funds in the form of
travelers checks,TravelMoney cards, or foreign currency(in such case,the Transaction amount is limited to the
value of the travelers checks,TravelMoney cards, or foreign currency,plus any commission or fee charged by
AGENCY),or AGENCY is participating in a cash back service,vi)submit any Transaction receipt for a
Transaction that was previously charged back to the Acquirer and subsequently returned to AGENCY,
irrespective of cardholder approval,vii)accept a Visa consumer credit card or commercial Visa product issued
by a U.S. issuer to collect or refinance an existing debt that has been deemed uncollectable by AGENCY,or ix)
submit a Transaction that represents collection of a dishonored check.AGENCY further agrees that, under no
circumstance,will AGENCY store cardholder data in violation of the Laws or the operating regulations of any
Payment Association including but not limited to the storage of track-2 data.Neither AGENCY nor its agent
shall retain or store magnetic-stripe data subsequent to the authorization of a sales Transaction.
9. AUTHORIZATION
9.1 ACH Authorization. AGENCY authorizes FORTE to electronically debit and credit AGENCY's
designated bank account(s)for any amounts owed to or by AGENCY in accordance with the terms of this
Agreement.
9.2 Third Party Service Provider. If AGENCY uses the Services through or in conjunction with a third
party service provider that is not a party to this Agreement,AGENCY authorizes FORTE to provide CivicRec
("Partner")with its FORTE merchant account information and credentials. If applicable,AGENCY authorizes
Partner to originate Transactions and receive the corresponding results on its behalf.
10. CONSTITUENT DISPUTES
All disputes between AGENCY and its Constituent(s)relating to any Transaction processed under this
Agreement will be settled by and between AGENCY and Constituent. AGENCY agrees that FORTE bears no
responsibility or involvement in any such dispute.
11. COMPLIANCE WITH LAWS,RULES AND REGULATIONS
In performing its duties under this Agreement,each Party agrees to comply with all applicable Rules,Regulations
and Laws, including but not limited to all confidentiality and security requirements of the USA Patriot Act(or
similar law,rule or regulation),all Rules of any applicable Payment Associations,all requirements under the
Payment Card Industry Data Security Standard(or similar applicable data security law, rule or regulation)
including but not limited to the VISA Cardholder Information Security Program,the MasterCard Site Data
Protection Program,and any other program or requirement that may be published and/or mandated by the
Associations. Each Party agrees to cooperate and provide information reasonably requested by the other to
facilitate its compliance with any applicable Law,Rule or Regulation. Additionally,should a Payment
Association or regulatory body impose a fee or fine on AGENCY for any violation of the Rules or Laws by
AGENCY,such fee or fine may be charged to FORTE as a pass-through to AGENCY. If any such fee or fine is
charged to FORTE,AGENCY shall reimburse FORTE for any such fees or fines.
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12. PRICING AND PAYMENT
12.1 FORTE will provide the Services in accordance with the fees listed on the Pricing Fee Schedule attached
hereto as Schedule I and incorporated herein by reference, or any amendments thereto. Pricing which utilizes an
Absorbed Fee Model will be billed to the AGENCY monthly in arrears and will automatically be debited from
AGENCY's designated account via ACH Debit. Pricing which utilizes a Service Fee Model will result in a
processing fee being charged to the Constituent in the form of a non-refundable service fee which is either(i)
added to; or(ii)charged as a separate transaction to the Constituent at the time of payment.
12.3 FORTE's pricing is subject to the underlying fees established by the Payment Associations and its service
providers. As such, in the event FORTE experiences an increase in cost for any processing services utilized by
AGENCY during any term of this Agreement,FORTE will pass through the increases to AGENCY with no
additional markup to AGENCY. FORTE will provide AGENCY a minimum of thirty(30)days' notice of any
change or adjustment in fees.
13. LIMITS OF LIABILITY
13.1 Neither Party shall be liable to the other Party or to any third party for any special,consequential,
incidental or punitive damages of any kind or nature incurred in relation to this Agreement. The amount of
damages recoverable by either Party from the other will not exceed that Party's actual,direct damages and will
be limited to the amount of the average monthly fees and charges paid by AGENCY for the Service for the
immediate three(3)month period prior to the event giving rise to the applicable claim.Neither Party will be
liable for failure to perform any of its obligations under this Agreement if such performance would result in it
being in breach of any Law,Rule or requirement of any governmental authority. The provisions of this section
will survive the termination of this Agreement.
13.2 FORTE shall not be held responsible for errors,acts or failures to act of others,including,and among other
entities,banks,other processors,communications carriers or clearing houses through which Transactions may be
originated or through which FORTE may receive or transmit information,and no such entity shall be deemed an
agent of FORTE.
14. REPRESENTATIONS AND WARRANTIES.
14.1 FORTE's Representations and Warranties. FORTE makes no representations or warranties concerning
its services except as may be specifically authorized,in writing,or set out herein.
14.1.1 FORTE hereby warrants that its software solutions and services will perform in accordance with
their published specifications in all material respects.
14.1.2 FORTE further warrants that in performing its obligations hereunder,it shall exercise due care
and reasonable efforts to ensure that information originated by AGENCY is transmitted accurately.
14.2 AGENCY's Representations and Warranties.AGENCY represents and warrants to FORTE that:
14.2.1 If applicable,with respect to all Transactions originated by FORTE on behalf of AGENCY that
(i)each Transaction in all respects has been properly authorized by Receiver;(ii)each Transaction is for
an amount agreed to by the Receiver and; (iii)AGENCY shall provide proof of authorization in
compliance with applicable Rules for any Transaction to FORTE upon request within five(5)Business
Banking Days.
14.2.2 AGENCY agrees to adhere to the warranties within the applicable Rules for each Transaction
FORTE processes on AGENCY's behalf.
14.3 Mutual Representations and Warranties. Each Party represents and warrants to the other that:
14.3.1 The execution of this Agreement does not violate any applicable international,federal,state,or
local law,Payment Network rule or contract to which such Party is subject.
14.3.2 There are no actions,suits or proceedings existing or pending against or affecting it before any
judicial or regulatory authority which would have a material adverse effect on its ability to perform its
obligations hereunder.
14.3.3 When executed and delivered,this Agreement will constitute a legal,valid,and binding obligation,
enforceable in accordance with its terms.
18.10.01
Page 6
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Item#16.
15. FORTE SERVICE POLICY.
FORTE makes no representations or warranties concerning its services except as may be specifically authorized,
in writing, or set out herein. AGENCY acknowledges and understands that FORTE does not warrant that the
Services will be uninterrupted or error free and that FORTE may occasionally experience delays or outages due
to disruptions that are not within FORTE's control.Any such interruption shall not be considered a breach of the
Agreement by FORTE. FORTE shall use its best efforts to remedy any such interruption in service as quickly as
possible.
16. FORCE MAJEURE
Neither Party shall be liable for, or be considered in breach of or default under the Agreement on account of any
delay or failure to perform its obligations hereunder as a result of any causes or conditions that are beyond such
Party's reasonable control and that such Party is unable to overcome through the exercise of commercially
reasonable diligence. If any force majeure event occurs,the affected Party shall give prompt written notice to the
other Party and shall use all commercially reasonable efforts to minimize the impact of the event.
17. ASSIGNMENT
The rights granted under this Agreement shall not be assigned by either Party without the prior written consent of
the other Party, which shall not be unreasonably withheld.
18. CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Idaho.
19. AMENDMENT
Except as otherwise provided for herein,the terns and conditions of this Agreement shall not be modified or
amended except in writing,signed by the parties hereto and specifically referring to this Agreement.
20. PUBLICITY
Neither Party shall use the other Party's name, logo or service marks in conjunction with a press release or
advertisement without first obtaining written approval.
21. NOTICE
Any notice required to be given by either Party hereunder, shall be in writing and delivered personally to the
other designated Party,or sent by any commercially reasonable means of receipted delivery, addressed,to that
Party at the address most recently provided in writing. Either Party may change the address to which notice is to
be sent by written notice to the other under any provision of this paragraph.
Notices to FORTE:
CSG Forte Payments, Inc. Notices to AGENCY:
500 W.Bethany Drive City Clerk
Suite 4200 City of Meridian
Allen, TX 75013 33 E. Broadway Ave.
Attn: VP/Associate General Counsel Meridian ID 83642
22. HEADINGS
The headings contained in this Agreement are for convenience of reference only and shall not affect the meaning
of any provision of this Agreement.
23. SEVERABILITY
Should any term,clause or provision herein be found invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and
such invalid term,clause or provision shall be construed to most closely reflect the original intent of the parties.
18.10.01
Page 7
CSG#40209 Page 284
24. ENTIRE AGREEMENT; WAIVER; COUNTERPARTS
This Agreement constitute the entire understanding of the Parties,and revoke and supersede all prior agreements
between the Parties and are intended as a final expression of their agreement. Either Party's waiver of any breach
of any provision of this Agreement shall not be deemed a waiver of any subsequent breach of same or other
provision. This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one instrument.
IN WITNESS WHEREOF,the undersigned, being duly authorized thereto by their respective
organizations,have executed this Agreement as of the date set forth below.
CSG FORTE PAYMENTS,INC: CITY OF MERIDIAN:
9e{f k'cM B
By: Je( umu(May 24.2022 75:26 PDT) By:
Name: Jeff Kurnp Name: Robert E. Simison
Title: President Title: Mayor, City of Meridian
Date: May 24, 2022 Date: 6-7-2022
CSG Legal Reviewed by:
i;r a,SVZ P ZZ
im 05-24-22(May24,202211:18MDT)
Attest:
Chris Johnson, City Clerk
City of Meridian
6-7-2022
18.10.01
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CSG#40209 Page 285
Item#16.
APPENDIX A
DEFINITIONS
ACH Network—Automated Clearing House disclosing Party's company(s)or investments or
Network is a batch processing, store-and- its internal administrative,billing and accounting
forward system that accumulates and distributes systems,customer and vendor lists and
ACH transactions that are received from ODFI information,employee personnel information and
(defined below)and are forwarded to the policies and procedures, infonnation regarding the
specified RDFI (defined below)according to the disclosing Party's products and services that is not
specific schedules established by the generally available to the public.
participants.
Credit Entry(or"Entry)—An ACH/EFT
Acquirer—A sponsoring financial institution or Transaction that is intended to deposit funds into
payment processor that enters into an agreement a Receiver's(defined below)account which has
which enables merchants or their Agent(s)to been withdrawn from AGENCY's Settlement
submit Transactions to a payment network. Account(defined below).
Affiliate—A business entity effectively Debit Entry(or"Entry")—An ACH/EFT
controlling or controlled by another or Transaction that is intended to withdraw funds
associated with others under common ownership from a Receiver's account for deposit into
or control. AGENCY's Settlement Account(defined
below).
Agent Any director, officer,employee,
representative, affiliate, third-party vendor or Laws—All international, national, regional and
any other person acting on behalf of the local regulations or laws which are applicable to
AGENCY with the actual, implied or apparent the services provided herein.
authority of AGENCY.
NACHA—National Automated Clearing House
Business Banking Day—Monday through Association responsible for establishing,
Friday excluding banking holidays. revising and enforcing the Operating Rules for
the US ACH Network.
Chargeback—A Transaction that is rejected by
the owner of the account debited or charged ODFI—Originating Depository Financial
because a dispute exists between the Originator Institution is the financial institution that
of the Transaction(typically AGENCY)and the receives ACH Transactions from AGENCY
account owner. through FORTE and then forwards these
Transactions(defined below)to the ACH
Confidential Information- Confidential Network.
Information may include infonnation regarding all
of the computer software and technologies, Originator—A Merchant who has contracted
systems,structures,architectures,processes, with FORTE to initiate ACH entries, on their
formulae,compositions,improvements, devices, behalf,to the ACH Network.
know-how,inventions,discoveries, concepts,
ideas,designs,methods,and information and Payment Association (or"Association")—
databases developed,acquired,owned,produced Any entity governing a payment network,
or practiced at any time by a Party or any affiliate including but not limited to VISA, M/C,
thereof,including software programs and Discover,NACHA, CPA.
documentation licensed by third parties to the
disclosing Party,any business or financial PCI-DSS—System security measures
information directly or indirectly related to the established by the various credit card companies,
18.10.01
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Page 286
Item#16.
known as the Payment Card Industry Data payment network.
Security Standards. Settlement Account—An account established
and maintained by AGENCY with a financial
RDFI—Receiving Depository Financial institution through which FORTE may: (a)
Institution is the financial institution that deposit funds for Debit Entries, (b) extract funds
receives the ACH Transactions from the ODFI for Credit Entries, reserve funds or fee
through the ACH Network and posts these obligations unless otherwise agreed to by the
Transactions to the accounts of Receivers parties.
(defined below).
Settlement Entry—A Debit or Credit Entry to
Receiver—An entity or individual consumer that AGENCY's Settlement Account which
has an established account with a card issuer or corresponds to the net amount owed AGENCY
financial institution upon which a Transaction is by FORTE at the end of each Business Banking
or may be acted upon. Day.
Reserve—A specific amount of money that is Transactions—Any transfer of data or
held in your Settlement Account to be used by information to FORTE in a format pre-approved
FORTE to offset amounts owed to FORTE for by FORTE, including but not limited to
Services provided, such as returned items, payment, verification and authentication items.
chargebacks, fees/fines, billing or other
obligations to FORTE that FORTE is unable to Users-All individuals who access a FORTE
collect from AGENCY. website or utilize any portion of the FORTE
Services on behalf of AGENCY directly or
Returned Entries—Any Transaction that is not through software that accesses the FORTE
able to be completed successfully and is systems through AGENCY's systems, by using
returned/rejected back to the Originator. AGENCY's access credentials or any other
access reasonably presumed to be on behalf of
Rules—The operational rules, policies and AGENCY.
procedures established by each applicable
Payment Association to govern all transactions
and parties that participate in the associated
18.10.01
Page 10
CSG#40209
Page 287
Item#16.
APPENDIX B
ACCOUNT VERIFICATION AND AUTHENTICATION SERVICES
1.Representation by Agency.Each request for data through the verification and authentication services
shall constitute a representation,warranty and certification by Agency that the data(i)shall be used and
disclosed only in accordance with the terms of the Agreement,and in accordance with any applicable
Rules or Laws; and(ii)shall be used solely for the intended use as stated by Agency on the application
and that use is in compliance with the permissible uses under the Fair Credit Reporting Act("FCRA")as
provided in the FCRA Requirements Addendum located at http://www.forte.net/fair-credit-reporting-act;
(iii)Agency will follow proper procedures for adverse action notification to its Constituents, as provided
by the FCRA Requirements Addendum;and(iv)Agency acknowledges it has implemented security
measures to prohibit the unauthorized access to the information provided.
2.Use of Services.
2.1 AGENCY SHALL USE THE VERIFICATION SERVICES ONLY IN CONNECTION
WITH PAYMENTS PRESENTED TO AGENCY BY ITS CONSTITUENTS IN EXCHANGE
FOR GOODS OR SERVICES. AGENCY SHALL NOT RESELL THE VERIFICATION
DATA OR SERVICES TO ANY THIRD PARTIES.
2.2 Agency understands and agrees that it cannot decline services to a consumer or customer after
receiving an approval result from FORTE on a verification inquiry unless Agency is declining
based on other grounds and/or information. Further, if Agency does decline services to a FORTE
approved consumer or customer based on alternate information,Agency shall not provide
FORTE's contact information as recourse for the consumer to pursue a dispute of the result under
FCRA Adverse Action requirements.
2.3 Agency shall provide to FORTE, as part of a verification inquiry,the accurate amount for
each transaction Agency wants to verify.
3.Retention of Data.Agency acknowledges and agrees that it shall not retain,store,compile or
aggregate the results of verification or authentication inquiries received from FORTE except as required
by applicable law or to perform its obligations under this Agreement.
18.10.01
Page 1 I
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Page 288
Item#16.
APPENDIX C
ACCOUNT UPDATER SERVICES
1. Description of Services. Participating Visa/MasterCard Issuers submit their account changes to the
Account Updater Database. On a monthly basis,FORTE will compare all of AGENCY's recurring
tokenized transactions against the Account Updater Database. FORTE will then update the
tokenized card information on file with updated account information.
2. Agency Requirements for Account Updater Participation.
a. AGENCY must be properly established and registered in the United States.
b. AGENCY must not have been disqualified from participating in the Visa,MasterCard,or
Discover programs.
c. AGENCY must be in compliance with all Card Association Operating Regulations.
d. AGENCY must submit inquiries only for those accounts with which the AGENCY has an
ongoing customer relationship and customer's authority to submit such payments.
e. AGENCY may not request authorization on accounts that have returned"Contact
Cardholder"or"Closed."
f. AGENCY must not submit inquiries on behalf of any other entity.
g. AGENCY assumes all risk associated with the use of the Account Updater Service.
FORTE shall have no liability whatsoever to AGENCY for any liability associated with the
Account Updater Service, including but not limited to the accuracy or completeness of the
information provided via the Account Updater Service.
18.10.01
Page 12
CSG#40209
Page 289
Item#16.
SCHEDULE 1
PRICING FEE SCHEDULE
(City of Meridian)
1. Service Fee Pricing Option:
a) MasterCard,Visa,and Discover cards
2.5%of the payment amount with a minimum fee of$1.95, based upon volume
b) Visa Debit(Tax Program only)
$3.95 Per Transaction
c) Electronic check—online WEB payments(includes Forte Verification for known
accounts)
eCheck Transaction Tiers Fees Frequency
$0.00 to$50,000.00 $1.75 w/Verification Per Transaction
$50,000.01 to$75,000.00 $3.00 w/Verification Per Transaction
$75,000.01 to$100,000.00 $6.00 w/Verification Per Transaction
$100,000.01 to$150,000.00 $10.00 w/Verification Per Transaction
$150,000.01 +$250,000.00 $15.00 w/Verification Per Transaction
2. Absorbed Pricing Option:
Emerging Market and Public-Sector Rate Structure
Processing Costs: Fees Frequency
Option 1: 2.5% Per Transaction
Visa,MasterCard,Discover
Option 2: *Pass Thru pricing+$0.15 +
Visa,MasterCard,Discover .40b is Per Transaction
Forte Protect(End-2-End $0.10 Per Transaction
Encryption)
Forte Protect(Key Injection
$25.00 One-time, Per Device
Fee
Account Updater(Optional) $0.35 Per Transaction
Account Updater(Optional) $25.00 Per Month
Chargeback Fee $25.00 Per Chargeback
Batch Fee $0.00 No Charge- Waived
Gateway Fee $0.00 No Charge-Included
ACH Fee-debits/credits $0.50 with Forte Verify Per Transaction
ACH Return Fee $2.00 Per Return
18.10.01
Page 13
CSG#40209
Page 290
Item#16.
Statement Fee I $5.00 I Per Month per
merchant account
* Pass Thru pricing includes the direct interchange dues,assessments and all other fees that are charged
directly from Payment Associations. Interchange pass thru pricing is a form of credit card processing
that allows the actual cost of the processing(*interchange fees&assessments)to be passed directly
through to AGENCY'S office and includes total transaction volume processed multiplied by basis
points"bpts";total number of transactions processed by per item fee.
3. Equipment and Service Pricing:
Standard Product Description Fees and Cost of
Equipment
VeriFone V400c $299.00 per terminal
Terminal plus shipping
(Standalone)
VeriFone V400c $350.00 per terminal
Terminal plus shipping
(Hybrid with cables)
MagTek eDynamo $155.00 per device plus
shipping
MagTek eDynamo 1191.00 per device
and Countertop (with docking station)
Docking Station plus shipping
Bundle
(recommended)
18.10.01
Page 14
CSG#40209
Page 291
Item#17.
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Resolution 22-2330: A Resolution of The City Council of The City Of Meridian
Setting Forth Findings and Purposes to Declare Surplus Property and Authorizing the Meridian
Parks & Recreation Director to Donate Used Playground Equipment to Food For The Poor, Inc.
Page 292
Item#17. Mayor Robert E. Simison
N�- City Council Members:
E IDIA
Treg Bernt Brad Hoaglun
Joe Borton Jessica Perreault
D A H 0 Luke Cavener Liz Strader
MEMORANDUM
TO: Mayor Simison and City Council
FROM: Mike Barton,Parks Superintendent
DATE: June 6,2022
RE: Donation of Used Playground Equipment
Background
The Parks and Recreation Department is replacing two playgrounds this fiscal year. The replacement of the
playground in Bear Creek Park was approved as a capital replacement, due to excessive wear and a lack of
replacement parts. The playground in Chateau Park was approved as a CDBG funded project for the same
reasons. In the past,whenever a playground is being replaced,we have removed and disposed of the equipment.
As an alternative to disposing of the playgrounds,we have found a non-profit organization named Food For the
Poor,Inc that provides the logistics and organizes groups to reassemble these playgrounds in underprivileged
locations.
Action
We are requesting approval of a resolution to declare these playgrounds surplus property and authorizing the
Parks and Recreation Department to donate these playgrounds to Food For the Poor, Inc. so they can be
repurposed in an underprivileged location.
Page 293
CITY OF MERIDIAN RESOLUTION NO. 22-2330
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
HOAGLUN, PERRAULT, STRADER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN SETTING FORTH
FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING
THE MERIDIAN PARKS &RECREATION DIRECTOR TO DONATE USED PLAYGROUND
EQUIPMENT TO FOOD FOR THE POOR, INC.
WHEREAS, it is in the best interest of the City of Meridian to declare that the used
playground equipment described below as surplus as it is no longer needed or used by the City of
Meridian;
WHEREAS,the value of the property in question is of nominal value,that is,valued at less than
the cost of disposing of the property; and
WHEREAS, the City of Meridian desires to donate the specified used playground equipment
to Food for the Poor, Inc. a non-profit charitable organization exempt from federal income tax under
Section 501(c)(3) of the Internal Revenue Code, and an international relief and development
organization that refurbishes and reuses used playground equipment in developing countries;
NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO, AS FOLLOWS:
Section 1. That the Mayor and City Council hereby authorize and declare the following to be
surplus property: playground equipment formerly used in Chateau Park, including a playground set
designed for ages 5-12 and a set of standalone swings; and playground equipment formerly used in
Bear Creek Park, including a playground set designed for ages 5-12, a playground set designed for
ages 2-5, and a standalone zip line.
Section 2. That the Mayor and City Council hereby authorize the conveyance of such used
playground equipment to Food for the Poor, Inc.
ADOPTED by the City Council of the City of Meridian, Idaho, this 7th day of June, 2022.
APPROVED by the Mayor of the City of Meridian, Idaho, this 7th day of June, 2022.
CITY OF MERIDIAN: Attest:
Robert E. Simison, Mayor Chris Johnson, City Clerk
RESOLUTION AUTHORIZING DONATION OF SURPLUS PLAYGROUND EQUIPMENT PAGE 1
Item#18.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Public Works Week Proclamation
Page 295
E Iil
N ---
O
The Office of the Mayor
1" R O C L A .J►'L ✓`L l 1 O X
WHEREAS, City of Meridian residents have peace of mind with every faucet turned
on, shower taken, and toilet flushed, thanks to the professional employees
of the Meridian Public Works team; and,
WHEREAS, each unseen essential worker- engineer, inspector, operator, technician-
is committed to protecting our health, safety, environment, and quality of
life through the supply and distribution of clean safe water, efficient
collection and treatment of wastewater, and management of solid waste;
and,
WHEREAS, the dedicated Public Works staff and partners design, maintain and sustain
the quality of these critical services and important infrastructure,
recognizing their ability to do so is dependent on having the support of
informed citizens; and,
WHEREAS, the Meridian Public Works Department educates the community about the
work they do both in-person through their daily work and virtually
through informative and engaging public outreach; and,
WHEREAS, "Ready &Resilient" is the theme for the 2022 National Public Works
Week and it represents the often unseen, steadfast and heroic efforts put
forth by the public works professionals across North America.
THEREFORE, I, Mayor Robert Simison, proclaim June 5a'— 1 Ph, 2022 to be
i4eri&tan Pubtic 'Works meek
in the City of Meridian, and call upon all citizens and civic organizations to acquaint themselves
with the vast and complex efforts involved in providing our public works services and to
recognize the substantial contributions which public works employees make every day to our
health, safety, comfort and quality of life.
Dated this 7'h day of June 2022
ob Sim'so Mayor
Treg Bernt, City Council President
' Brad Hoaglun, City Council Vice President
Joe Borton, City Council
Luke Cavener, City Council
Jessica Perreault, City Council
Liz Strader, City Council
p
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Item#19.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Wood Rose Apartments: Potential Housing Partnership
Page 297
Vol
The Housing Company
Wood Rose Apartments
1160 W Ustick Zoning and Annexation
rK ustnl -..- •:
The Housing Company, an Idaho nonprofit corporation
Item#19.
rpose:
The Housing Company is a nonprofit organized in 1990 with the mission to address the
concern of an inadequate supply of affordable, decent rental housing within the state of
Idaho and recently surrounding states. We play an active role in bringing affordable
housing resources to areas of the state not being adequately served. Through local
public/private partnerships we have been able to bring creative housing solutions to
areas struggling with insufficient housing. Our goal is to partner with local government
and other interested parties to solve local housing needs.
We have developed more than 800 units in two dozen affordable rental communities. The
Housing Company provides professional property management services for affordable
apartment communities serving low-income families, seniors, and the disabled.
We own our properties in the long term and take pride in building an asset for the
community that will stand the test of time. We are able to put together complex financing
in order to make these housing communities a reality.
Our nearest developments are Moon Valley Apartments in Star, Nampa Duplexes, and
Hazel Park in Caldwell. We also have Canyon Terrace in Nampa and Sunset Landing in
Caldwell under construction.
�� Page 299
Item#19.
HUD Income Limits (4 Person: Ada County, ID)Y r
30% of Area Median Income 4-Person Household $25,260
Idaho Minimum Wage ($7.25/hr) $15,080
40% of Area Median Income 4-Person Household $33,680
60% of Area Median Income 4-Person Household $50,520
4-Person Area Median Income $87,500
"Source. 2022 HUD income limits for tax credit projects (Section 42) Page 300
Item#19. Reasons
Invest
Economic
mop
Housing types and prices that reflect local needs and incomes
What is `affordable' relative to Household Income (HHI)?
< 30% of HHI = affordable
> 30% of HHI = housing cost burdened
> 50% of HHI = severely housing cost burdened
Impact of speculation, inflation on government finance
Foregone spending = money lost to housing cost burden.
Idaho lost $670M to foregone spending in 2018 & $971M in
2020 *Source National Housing Act of 1937 / **Source Shi t
Research Labs
Many local restaurants are closing and one reason is being
unable to staff the restaurant because housing costs are
high. Page 301
Item#19.
EXTREMELY LOIN INCOME AFFORDABLE AND HOUSING COST BURDEN BY
RENTER HOUSEHOLDS AVAFLABLE HOME5 PER 100 INCOME GROUP
RENTER HOU5EHOLDS
■€mL M o mtd i Se"H M Co 6urdrni,T
li
aye
3d%
24%
29% 3�
In Labor Force Disabled
senior school
single Careglver Other
*Source.NLIHC`Out of Reach'report.
nlihc.org/housing-needs-by- ,•" ## y %AMI:1-30% 30-50% 1 50-80% 1 80-120%
state/idaho
Page 302
Potential Resident
Item#19.
SingleFour
Mother, TwoThree Person •
Single Person Sons Household Household
Age(s) Si xti es Twenti es Forties Th i rti es
Student w/
Customer Part Time Job Warehouse
Job Servi ce as Cashier laborer Cook
Income 35,400 38,000 451480 50520
Bedrooms
Des i red 1 2 3 3
Rent 895 935 11-159 Cage303]
Site Plan for Wood Rose Apartments- 1160 W Ustick
Item#19. xre.I,wXrurre 41!P RI L91L:SAtl.10} ��SW.G PS
1 1® a�omeov.o-c lasn�
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Page 304
91 U$ifGl RO `"':-:7
Moon Valley, Star ID
.ti.
i it � e
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Market Research
Item#19.
Capture Rate - All Income-Qualified Households
In 2023, there will be an estimated 2,938 renter households within the Site EMA with
incomes between $14,220 and $50,520. Following is an analysis of housing costs as a
percent of household income by the number of renter qualified households in the Site
EMA:
INCOME-
PERCENT OF APPROPRIATE
INCOME TO GROSS RENTER UNITS CAPTURE
HOUSING COST INCOME RANGE HOUSEHOLDS PROPOSE❑ RATE
40% $14,220-$50,520 2,938 45* 1.5%
-Includes only Tax Credit and Home Units
Page 306
Changes to the Idaho Low Incorn . g Tax Credit Allocation Plan
Item#19.
• Percentage of Local Contribution funds needed to
maximize points has increased.
• Increased contribution requirement from 3% of Total
Development Costs to 10% of Total Development Costs
in order to maximize points.
• The modest contributions that worked in the past may
not be enough to score competitively.
• Additionally, rising costs and interest rates create a
need for more substantial local funding support.
Page 307
Changes to the Idaho Low Income Housing Tax Credit Allocation Plan
Item#19.
9. Devebpmervs whim receive non-relaEd privab party contribufons, charka% cash donaions, local
govermient assistance, or federal government asdslance through the FHLB AHP or CDBG programs, in a
cumukAve amount w9lin of to blkyoAng percent ranges of Total Development Cost`.
Max 10 f3
°lo of Tara)Development Cost Points
2.DD%.o 3.99% 2 0 Chcose
4.DO%,o 5.99% 4 0 Chcose
6.DO%.0 T.99% 0 Chcose
a.DO .0 9.99% 8 Chcose
C rea-er t an 1 D.DD% 0 Chcose
NIA.
Totai' Deve,'oprnetif Cost 0 Ns category does not include DeveloperlGonsultent Fees
or Devebprrrent Reserves.
6% contribution would be $868,296
8% is $1, 157,729
Page 308
9% Tax Credit Rent and Income Limits Proposal
Item#19.
Unit No. of Square Gross Rent/ Utility Monthly
Target Income Levels Description Units Footage Unit Allow. Rent
Tax Credit Units:
PSH Restricted @ 30% AMI* 1 Bdrm 1 737 $ 474 $ $67 407
Restricted @ 50% AMI LOW HOM 1 Bdrm 1 737 $ 706 $ $53 653
Restricted @ 40% AMI 1 Bdrm 1 737 $ 632 $ $53 579
Restricted @ 60% AMI* 1 Bdrm 3 600 $ 948 $ $53 895
Restricted @ 50% HIGH HOME 1 Bdrm 1 684 $ 801 $ $53 748
10% below Market (No Income Re: 1 Bdrm 1 684 $ 1000 $ $0 1,000
PSH Restricted @ 30% AMI 2 Bdrm 1 851 $ 568 $ $67 501
Restricted @ 40% AMI 2 Bdrm 1 851 $ 758 $ $67 691
Restricted @ 45% AMI* 2 Bdrm 3 851 $ 852 $ $67 785
Restricted @ 50% AMI Low Home 2 Bdrm 1 873 $ 847 $ $67 780
Restricted @ 60% AMI HIGH HOM 2 Bdrm 1 873 $ 1002 $ $67 935
Restricted @ 60% AMI* 2 Bdrm 20 873 $ 1137 $ $67 1,070
10% below Market (No Income ReE 2 Bdrm 4 912 $ 1300 $ $67 1,233
Restricted @ 60% AMI* HIGH HON 3 Bdrm 1 1119 $ 1239 $ $80 1,159
Restricted @ 60% AMI* 3 Bdrm 10 1000 $ 1314 $ $80 1,234
10% below Market (No Income ReE 3 Bdrm 1 1119 $ 1556 $ $80 1,476
Manager 2 Bdrm 1 851 $ 800 $ $0 800
52 $ $
Page 309
9% Tax Credit Operating Assumptions
Item#19.
OPERATING EXPENSES: Cost
Per Unit Annual
Per Year % of Total Expense
Administrative 1,100 21.76% $ 57,200
Management Fee(5%vacancy) 706 13.96% 36,710
HOME/Tax Credit Compliance Monitor Fee 50 0.99% 2,600
Maintenance&Utilities 1,900 37.58% 98,800
Real Estate Taxes and Insurance 1,000 19.78% IF 52,000
Reserves 300 5.93% 15,600
TOTAL $5,056 100.00% $ 262,910
YEAR YEAR YEAR YEAR4 YEAR YEAR YEAR YEAR YEAR9 YEAR10
2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
GROSS RENTAL INCOME 394,775 641,292 641,292 654,118 667,200 680,544 694,155 708,038 722,199 736,643
MISC.INCOME 2,736 2,736 2,791 2,847 2,903 2,962 3,021 3,081 3,143 3,206
LESS VACANCY(7%) (19,239) (32,065) (32,065) (32,706) (33,360) (34,027) (34,708) (35,402) (36,110) (36,832)
lancing
EFFECTIVE GROSS INCOME 368,272 611,963 612,018 624,258 636,744 649,479 662,468 675,717 689,232 703,016
OPERATING DCP&RESERVES (175,273) (262,910) (262,910) (270,797) (278,921) (287,288) (295,907) (304,784) (313,928) (323,346)
NET OPERATING INCOME $ 192,999 349,054 349,109 353,462 357,823 362,190 366,561 370,933 375,304 379,671
ANNUAL DEBT SERVICE PERML (271,959) (271,959) (271,959) (271,959) (271,959) (271,959) (271,959) (271,959) (271,959)
ANNUAL DEBT SERVICE
ANNUAL DEBT SERVICE-JOME (46,413) (46,413) (46,413) (46,413) (46,413) (46,413) (46,413) (46,413) (46,413)
OPERATIONAL CASH FLOW 192,999 30,682 30,737 35,090 39,451 43,819 48,190 52,562 56,933 61,299
ANNUAL PRINCIPAL REDUCTION 37,818 39,753 41,786 43,924 46,171 48,534 51,017 53,627 56,371
ANNUAL PRINCIPAL REDUCTION-HOME 36,919 37,288 37,661 38,037 38,418 38,802 39,190 39,582 39,977
ANNUAL RESERVES 15,600 15,600 15,600 15,600 15,600 15,600 15,600 15,600 15,600
DEPRECIATION (115,922) (626,202) (262,910) (590,317) (574,966) (561,010) (554,431) (554,431) (554,631) (554,431)
OPERATIONAL GAINI(LOSS) 77,077 (505,183) (139,532) (460,180) (437,953) (417,002) (403,306) (396,063) (388,890) (381,184)
BRIDGE INTEREST
D(PENSES FUNDED W/OTHERS (80,000)
AMORTZEDDCPENSE (22,461) (4,260) (4,260) (4,260) (4,260) (4,260) (4,260) (4,260) (4,260) (4,260)
PARTNERSHIP EXPENSE (2,999) (3,056) (3,114) (3,173) (3,234) (3,295) (3,358) (3,421) (3,486)
_ Page 310
NETGAIW(LOSS) (25,384) (512,443) (146,849) (467,554) (445,387) (424,496) (410,861) (403,681) (396,572) (388,930)
DEBT SERV ICE COVERAGE 1.28% 1.28% 1.30% 1.32% 1.33% 1.35% 1.36% 1.38% 1.40%
Item#19.
o Tax Credit AMOUNT
SOURCES:
Permanent Loan 4,600,000
HOME/Housing Trust Fund Loan (IHFA) 1,099,743
Funding Gap 1,350,000
Deferred Developer Fee 251,574
Tax Credit Equity 8,699,130
TOTAL $ 16,000,447
Gap is larger with 4% Tax Credit scenario
PERCENT
4%Tax Credit AMOUNT OF TOTAL
SOURCES:
Permanent Loan 5,000,000 30.50%
HOME Loan 1,099,743 6.71%
Gap 2,479,928 15.13%
IHFA Equity Financing 2,600,000 15.86%
Deferred Developer Fee 251,574 1. °
Tax Credit Equity 4,960,397 ---[ Page 311
TOTAL $ 16,391,642 0
C Item#19. nd other Irnpact Fees e5tlrrlated at $595,000. Could we decrease cost through reduced fees?
ITEM DESCRIPTION TAX CREDIT
Land Cost price p 7.30 1,590,000
Offsite Improvements
Special Space for St Als Services
Site Improvements/ Environmental $10,380,000 1,800,000
Contingency 429,000
Clubhouse Equip. & Furnishings 70,000
Building 8,580,000
Permits & Fees 595,000
IHFA Equity Financing
Bond related costs
Construction Insurance and Payment and Performance Bond 80,000
Construction Interest 286,000
Taxes 5,000
Construction Loan Fee 50,000
Title Fees/close/disburse 25,000
Legal/Accounting (EI.Basis Audit) Page 312
C /tem#,9. rid other Impact Fees estimated at $595,000. Could we decrease cost through reduced fees?
Permanent Loan
Loan Fee/Rate Lock 3,800
Org Legal Fees 35,000
Title Fees/close/disburse 10,000
Soft Cost Contingency 75,000
Architect/Engineering Fees 350,000
Survey 15,000
Soils/mkt/enivronmental 30,000
Const.Lender Arch. Inspections 10,000
Appraisal 15,000
Tax Credit Fees 64,000
Developer Fee 1,528,840
Subtotal 15,686,640
Lease Up Expense
Reserves for Lease Up Expenses 40,000
Total Development Costs $15,106,248 15,726,640
Operating Reserve 273,807
1/2 MA DS
Revenue Fund Deposit
05/31/22 16,000,447
Page 313
Timeline
Item#19.
Milestone -A
Zoning and Annexation January-February 2022
CUP and Certificate of Zoning September 2022
Appropriateness
Funding Applications January—August, depending
on final determination of
sources available for project.
Building Permit Application Summer 2022 —Winter 2022
Close Financing/Construction July-October 2022 or Spring
start of 2023, depending on
funding availability.
Page 314
Item#20.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Police Department: Idaho Humane Society Contract Updates
Page 315
Item#20.
E IDIAN:---
IDAHO
C�
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Police Department Meeting Date: 05/24/2022
Presenter: Emily Kane Estimated Time: 30 Minutes
Topic: Idaho Humane Society (HIS) Contract Presentation
Recommended Council Action:
Approval
Background:
See attachments
Page 316
IDAHO HUMANE SOCIETY BUDGET FY22
Total Idaho Humane Society Budget FY22 $ 8,900,600
Bird Street Facility Budget $ 5,282,800
No Part of this budget paid by Animal Control Contracts
Dorman Street Facility $ 3,617,800
IHS Portion of Dorman St. Facility Budget $ 920,400 25.4456'
Contracting Parties Portion of Dorman St. Facility Budget $ 2,697,400 74.560/o
$55K of this is covered by fees IHS collects from the public and retains
Animal Control Specific Payroll-15.5 FTE $ 796,000
General Shelter Shared Payroll-20 FTE $ 952,000
Administrative,Supporting Programs,Other Payroll-5 FTE $ 266,000
Total Payrol $ 2,014,000
Payroll as%of Animal Control Budget 74.66%
Operating Costs as%Animal Control Budget 25.34%
Operating Costs specifically identifed where possible,otherwise allocated
Facility costs 60%to contracts,40%IHS based on animal intakes
Sharers personnel related costs 1 j3 to contracts based on total FTEs
Animal Control Officers,Dispatch,Customer Service Payroll as%Total Costs 29.51%
i
Historical Allocation to Municipalities in 2 Previous Years
Boise 54.1%
Meridian 21.1%
Ada County 14.6%
Eagle 5.7%
Kuna 4.5%
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Page 317
I
I
Item#20.
Animal Control Cast Allocation
FY16-FY23
FY16 FY17 fY18 FY19 FY20 FY21 FY22 FY23
i
Actual Actual Actual Actual Actual Actual Budget Budget
I
1IHS Total Operating Expenses 5,481,969 5,935,205 5,955,519 6,349,024 7,741,075 7,883,292 8,900,590 TBD
2
3 Animal Con trot Contract Revenue 1,700,327 1,765,582 1,810,804 1,868,383 2,510,537 2,477,209 2,697,401 2,855,516
4
5 Expenses Allocated to Contracts 1,767,852 1,996,943 1,971,230 1,955,134 2,402,567 2,467,224 2,697,401 2,855,516
6
7 Loss on Contracts to IHS (67,525 (231,361f (160,426? 186,751) 107,970 9,985 (0)
8 Animal Control Costsas%oETotalIHSExpenses 32.2% 33.690 33.1% 30.8% 31,0% 31,3% 30.3%
9 DETAIL Of ALLOCATED COSTS;
10 Payroll Related Costs-
11 Animal Control Personnel 377,370 396,050 394,411 407,537 607,418 636,312 796,812 886,110
i
12 Shelter Payroll 815,135 961,074 971,464 906,381 867,119 952,815 951,892 1,050,414
13 Administration 53,808 70,807 75,983 76,054 206,972 262,296 265,749 230,356
14 Total Payroll Costs 1,246,313 1,427,931 1,441,858 1,389,972 1,681,509 1,751,423 2,014,443 2,166,880
15 Payroll as%otTotal Costs 70.5% 71.5% 73.1% 71.1% 70.0% 71.0% 74.7% 75.9%
i
i
16 Allocated Operating Costs.
17 Supplies-Medical and Other 252,307 288,621 225,744 278,016 243,757 216,691 210,685 223,974
18 Facilities-Lease,Utilities,etc. 50,79S 50,791 51,516 47,339 86,215 81,490 72,547 86,198
19 Repairs&Maintenace 33,383 31,832 35,269 28,257 89,269 41,782 58,350 60,020
20 Computer&Copy Expenses 35,347 30,866 44,867 39,255 67,013 66,372 66,657 69,243
21 Vehicle Costs 36,758 43,974 52,848 54,011 S3,584 62,046 65,667 49,663
22 PP&E Repair/Replacement 64,836 62,985 61,261 54,131 73,i53 109,089 81,245 81,245
23 Professional services 8,387 10,858 91168 9,068 11,676 10,975 12,190 12,599
24 Insurance 14,492 15,246 15,311 17,366 17,104 15,029 15,216 17,036
25 Outside Services 59,631 58,347 45,825
26 Other 25,234 33,939 33,388 37,719 79,787 52,696 42,054 42,834
26
27 Total Allocated Operating Costs 521,539 56%012 529,372 565,162 721,058 715,801 682,958 688,637
28
29 Expenses Allocated to Contracts 1,767,952 1,996,943 1,971,230 1,955,134 2,402,567 2,467,224 2,697,401 2,855,517
i
Page 318
Item#20.
City of Meridian
Animal Control Costs/Share of Total Costs
Historically combination of population and number of calls used as basis for allocating total cost pool.
FY18 FY19 FY20 FY21 FY22 FY23
Animal Control Contract Amount 1,81U,804 1,868,383 2,468,489 2,427,553 2,572,002 *' 2,815,431 "Underfunded$71K FY22
Meridian Contract 381,132 306,660. 520,536 511,903 576,827 4" 625,026 "'Reduced$21,641 from original request
i
Meridiawas 46 TMai Contract Amount 21:0% 20.9% 21 1% 21.1% 22.496 2x:24G
Total Population Served 433,620 448,750 464,440 478,660 492,340 504,720
Meridian Population 98,300 106,410 114,680 119,350 .12.71890 133,470
Merldlah Populatlort as 96 of Population 5en►ed 22 7% . " `r 33,79b A* 24;946' ifi.0% 26A96
Total Calls 9,363 9,629 7,578 7,322. 6,711 '
'Annualized 2021 Data through 04/30/2022
Meridian Calls 2,121 2,259 11802 1,436 1,326 '
Meddlpn Calls As.%.of Total Calls,' 22 7% 23.5%' 23.896 39,0% 19tW
Co3tperCaplta ' ;3.88.. 3;67 4:54 4,29 A;51 4,68
Page 319
ANIMAL CONTROL BUDGET FY22-23
FY 21 Actual FY 22 Budget FY 23 Budget Assumptions/Variance Notes
Contract Revenue-Increase needed to cover higher payroll and operating costs. Only 63%Increase after
Contract Income 2,427,553 2,572,002 2,815,431 9.5% covering prior year increases not fundeci.
Redemptions,Impound and License Fees
Retained by IHS 49,65.6 54,712 40,085 26,7% Redemption,Impound and License Fees retained by IHS. Majority fees go back to municipalities now
Total Contract Revenue plus Redemption,Impound and License Fees retained by IHS. Includes fees based on
Animal Control Contract Income 2,477,209 2,626,714 2,855,516 8.7% current arrangements and remainder from contracts.
i
3
FY23 includes direct Animal Control costs plus portion of Dorman facility expenses allocated to Animal Control
Animal Control Allocated Expenses 2,467,223 2,697,401 2,855,516 5.9°A contracts.
Difference to 11,15 9,986 (70,687) 0
DETAIL OF ALLOCATED EXPENSFS
PAYROLL
FY23 Includes 7 ofilcers(4/day),1 dispatcher/day,1 Assistant Supervisor,1 Director,and 3 front desk staff/day
to handle intake and redemptions. Staffing consistent with FY22. Increasing wages for all employees to be
Animal Controt Personnel 636,312 796,912 886,110 11,21% competitive plus benefit costs projected to increase.
i
FY23 includes Shelter Manager plus 17 shelter staff allocated 60%to Animal Control contracts and 40°A to MSS
Also includes 8 FTE for shelter animal medical and general care,60%of Foster Program FCEs,1/3 of Volunteer
Shelter Payroll 852,815 951,882 1,050,414 10.4% Coordinator and Operation Manager,and allocation of facilities staff. Increasing wages for all employees,
Animal Control assigned and allocated FfEs more than 1/3 of total IHS FTEs. Admin FTE allocation based on
time required to administer Animal Control program. Allocating 33%of 6 FTEs(2 FTE)-CEO,CFO,HR,
Administration 262,295 265,749 230,356 -13.3% Payroll/AP,Accounting Assistant,and Communitatlons and Outreach Manager.
TOTAL PAYROLL EXPENSES 1,751,422 2,014,443 2,166,879 7.6% Payroll Expenses=76%of total Allocated Expenses.Prior year 75%.
ALLOCATED OPERATING EXPENSES
Page 320
Item#20. I
Supplies-Medical and Other 216,691 210,685 223,974 6.3% 60%of estimated Dorman facility costs
Facilities-Lease,utilities,etc, 81,490 72,547 86,198 18,8% 60%of estimated Dorman facility casts
60%of estimated Dorman facility costs, Cost broken out separately for PP&E repalfs for anticipated costs,
Repairs&Maintenance 41,782 58,350 60,020 2.9% Fluctuates depending on building and equipment repairs needed-laundry equipment,HVAC,bolters,etc.
60%of estimated Darman facility costs.No dedicated In-house IT staff. New radios,phones,computers In prior
Computer&Copy Expenses 66,372 66,657 69,243 3.9% years.
Costs for ACO vehicles being tracked separately. ACO cost plus 60%of Dorman shelter costs. Newer vehicles
Vehicle Costs 62,046 65,667 49,663 -24.4% fewer repairs.
PP&E Repairs and Replacements 109,089 81,245 81,245 0.0% Replacement of portion of HVAC system In kennels-allocated%split over 2 years,
33%of IH5 costs,No allocation for legal expenses as no attorney on staff or retainer.
Professional Services 10,975 12,190 12,599 3.4% Costs for outside services such as employee benefits administration,audit and tax services.
Insurance 15,029 15,216 17,036 12.01A 60°/n of estimated Dorman facility casts,
Outside Services 59,631 58,347 45,825 -21.5% 60'A of estimated Dorman facility costs.Costs for medical analysis and animal disposals.
includes allocation for foster care costs,volunteer program,education program,community cats program,
Other 52,696 42,054 42,834 1.9% continuing education,uniforms and other misc,costs.Consistent with other contracting municipalities surveyed.
TOTAL ALLOCATED OPERATING EXPENSES 715,801 682,958 688,637 0.8%
TOTAL EXPENSES ALLOCATED TO CONTRACTS 2,467,223 2,697,401 2,855,516 S19%
Page 321
rrem#2o. ANNUAL REPORT
Meridian
Idaho Humane Society Annual Statistics
For the Calendar Year Ended December 31, 2021
2021 3-Year Projection
Average
Meridian Field Calls divided by category:
Aggressive 77 91
Attack 89 68
Barking 280 269
Bite 52 46
Dead/Injured 141 197
Dog at Large 22 211
Large/Small Animal Cruelty/Neglect 241 197
Miscellaneous 150 113
i
Pickup-Cat 14 102
Pickup- Dog 183 217
Loose Livestock 2 6
Wildlife Related Calls 28 40
Extra Patrol 123 258
Barrister/Sheriff's Office/City Hall, etc 34 16
Total number of calls 1,436 1,831 1,580
IHS average response times to Calls for Service-Minutes 23 34 28
Number of city licenses sold by IHS 665 641 732
Number of violations issued for Animal Code violations 35 135 39
Number of Letters issued for Barking Dog Notices 191 210
Number of Warnings issued for Animal Code violations 146 161
Number of tunes officers Educated vs.citing 53 58
Dumber of animals handled 1,479 1,499 1,627
Number of animals impounded 928 996 1,021
Number of animals returned to owner 330 285 363
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I
Page 322
i
Item#20.
Idaho Humane Society
Average Priority One Call Response Times
10/01/2021to 04/30/2022
MERIDIAN
Total Count: 71 Avg Time to Arrive: 20.14 Minutes
I
ADA COUNTY
Total Count: 42 Avg Time to Arrive: 20.22 Minutes
BOISE
Total Count: 193 Avg Time to Arrive: 18.41 Minutes
EAGLE
Total Count: 12 Avg Time to Arrive: 26.36 Minutes
KUNA
Total Count: 14 Avg Time to Arrive: 24.29 Minutes
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1
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Page 323
E
Item#20.
ANIMAL CONTROL BUDGET FY22-23
FY 21 Actual FY 22 Budget FY 23 Budget Assumptions/Variance Notes
Contract Revenue-Increase needed to cover higher payroll and operating costs. Only 6.7%increase after
Contract Income 2,427,553 2,572,002 2,815,43A 9.5% covering prior year increases not funded.
Redemptions,Impound and License Fees
Retained by IHS 49,656 54,712 40,085 -26.7% Redemption,Impound and License Fees retained by IHS. Majority fees go back to municipalities now
Total Contract Revenue plus Redemption,Impound and License Fees retained by IHS. Includes fees based on
Animal Control Contract Income 2,477,209 2,626,714 2,855,516 8.7% current arrangements and remainder from contracts.
FY23 includes direct Animal Control costs plus portion of Dorman facility expenses allocated to Animal Control
Animal Control Allocated Expenses 2,467,223 2,697,401 2,855,516 5.9% contracts.
Difference to IHS 9,986 (70,687) 0
DETAIL OF ALLOCATED EXPENSES
PAYROLL
FY23 Includes 7 officers(4/day),1 dispatcher/day,1 Assistant Supervisor,1 Director,and 3 front desk staff/day
to handle intake and redemptions. Staffing consistent with FY22. Increasing wages for all employees to be
Animal Control Personnel 636,312 796,812 886,110 11.2% competitive plus benefit costs projected to increase.
FY23 includes Shelter Manager plus 17 shelter staff allocated 60%to Animal Control contracts and 40%to IHS.
Also includes 8 FTE for shelter animal medical and general care,60%of Foster Program FTEs,1/3 of Volunteer
Shelter Payroll 852,815 951,882 1,050,414 10.4% Coordinator and Operation Manager,and allocation of facilities staff. Increasing wages for all employees.
Animal Control assigned and allocated FTEs more than 1/3 of total IHS FTEs. Admin FTE allocation based on
time required to administer Animal Control program. Allocating 33%of 6 FTEs(2 FTE)-CEO,CFO,HR,
Administration 262,295 265,749 230,356 -13.3% Payroll/AP,Accounting Assistant,and Communications and Outreach Manager.
TOTAL PAYROLL EXPENSES 1,751,422 2,014,443 2,166,879 7.6% Payroll Expenses=76%of total Allocated Expenses.Prior year 75%.
ALLOCATED OPERATING EXPENSES
Supplies-Medical and Other 216,691 210,685 223,974 6.3% 60%of estimated Dorman facility costs
Page 324
Item#20.
Facilities-Lease,Utilities,etc. 81,490 72,547 86,198 18.8% 60%of estimated Dorman facility costs
60%of estimated Dorman facility costs. Cost broken out separately for PP&E repairs for anticipated costs.
Repairs&Maintenance 41,782 58,350 60,020 2.9% Fluctuates depending on building and equipment repairs needed-laundry equipment,HVAC,boilers,etc.
60%of estimated Dorman facility costs.No dedicated in-house IT staff. New radios,phones,computers in prior
Computer&Copy Expenses 66,372 66,657 69,243 3.9% years.
Costs for ACO vehicles being tracked separately. ACO cost plus 60%of Dorman shelter costs. Newer vehicles=
Vehicle Costs 62,046 65,667 49,663 -24.4% fewer repairs.
PP&E Repairs and Replacements 109,089 81,245 81,245 0.0% Replacement of portion of HVAC system in kennels-allocated%split over 2 years.
33%of IHS costs.No allocation for legal expenses as no attorney on staff or retainer.
Professional Services 10,975 12,190 12,599 3.4% Costs for outside services such as employee benefits administration,audit and tax services.
Insurance 15,029 15,216 17,036 12.0% 60%of estimated Dorman facility costs.
Outside Services 59,631 58,347 45,825 -21.5% 60%of estimated Dorman facility costs.Costs for medical analysis and animal disposals.
Includes allocation for foster care costs,volunteer program,education program,community cats program,
continuing education,uniforms and other misc.costs.Consistent with other contracting municipalities
Other 52,696 42,054 42,834 1.9% surveyed.
TOTAL ALLOCATED OPERATING EXPENSES 715,801 682,958 688,637 0.8%
TOTAL EXPENSES ALLOCATED TO CONTRACTS 2,467,223 2,697,401 2,855,516 5.9%
Page 325
IDAHO HUMANE SOCIETY
JUNE 7, 2022 AND FY23 BUDGET PRESENTATIONANIMAL CARE AND CONTROL UPDATE CITY OF MERIDIAN
JEFF ROSENTHAL, DVM DIRECTOR OF ANIMAL CONTROL SERVICES TIFFANY SHIELDS CFO LEANN GILBERG CEO
MERIDIAN 2021 STATS
PRIORITY ONE CALL RESPONSE TIMES
PRIORITY 1 CALLVEGASMEET
DANGEROUS DOG CASE
DANGEROUS DOG CASE SAVIOR-
HORSE HIT BY CAR IN MERIDIAN
HORSE RESCUE CRUELTY CASE–
FREQUENT FLYERS ON THE RUN
IDAHO HUMANE SOCIETY BUDGET FY22
ANIMAL CONTROL COST ALLOCATIONFY23–FY16
CITY OF MERIDIANANIMAL CONTROL COSTS/SHARE OF TOTAL COSTS
FY23 ANIMAL CONTROL BUDGET
BUDGETED PAYROLL COSTS
BUDGETED OPERATING COSTS
QUESTIONS?.Thank you for your time
Item#21.
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Police Department/Attorney's Office: Proposed Updates to Animal
Impoundment Fees
Page 326
Item#21.
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 24, 2022
Presenter: Emily Kane, Deputy City Attorney Estimated Time: 30 minutes
Topic:
Proposed update to animal impound fees
Recommended Council Action:
Authorize staff to: 1) move forward with updating animal impound fees per Idaho Code section 63-
1311A; 2) update FY23 agreement with Idaho Humane Society ("IHS") for animal control and
shelter services to authorize IHS to collect updated fees and remit them to City; 2) update FY23 IHS
agreement to authorize IHS to collect boarding fees,vaccine fees, and veterinary care costs.
Background:
Historically,the City of Meridian has charged the following fees for animal impound:
• 1950: $1.00 for each impound
• 1975: $7.00 for each impound
• 1980: $15.00 for a first impound, $25 second impound, $50 third, and $75 fourth or more
• 1997: $23.50 for a first impound, $36 second impound, $75 third, and $96 fourth or more
• 2011: $23.50 for each impound
• 2013: $10.00 for each impound of a dog and $12.50 for each impound of a cat
The impound fee has not been changed since 2013. This is the year that the City of Meridian first
contracted with IHS for animal control and shelter services. IHS has provided these services to
Meridian by contract since that time.
In November 2021, City Council directed staff to work with Idaho Humane Society to, among
other things, propose updated fees to better reflect IHS animal control services provided, and to
offset the cost of impounding animals found in the City of Meridian.
Due to the variables that make each impound unique, there is no definitive per-dog or per-animal
cost for this service. The proposed fee increases incorporate assumptions based on an average
impound. In many cases, the cost of services included in the impounding of an animal are greater
than reflected in the proposed new fees.
However, the proposed fees are designed to accomplish two objectives. First, pursuant to the
criteria for setting fees set forth in Idaho Code section 63-1311, these proposed fees are
reasonably related to, and generally do not exceed, the actual cost of the service being
ANIMAL IMPOUND FEE UPDATE PAGE 1 page 327
Item#21.
rendered. Second, these fees, while a significant increase from the 2013 fees currently in effect,
reflect an amount that will not deter an animal owner from redeeming the animal.
With this criteria and methodology in mind, staff proposes the following updates to the Meridian
Police Department fee schedule:
Fee Description Current Proposed
fee new fee
Impound Fee to impound a Meridian dog at the IHS facility. $10.00 $50.00
fee - dog
Includes these assumptions: 15 minutes of dispatch time;30
minutes officer travel time to location; 45 minutes officer
time to capture dog, interview witnesses, and write report;30
minutes officer travel time back to IHS facility; 15 minutes
officer time to unload and kennel dog; 15 minutes
administrative time to process dog into shelter, attempt to
locate and notify owner, and prepare records.
Impound Fee to impound a Meridian dog at the IHS facility, where the $10.00 $75.00
fee - dog has bitten a person, and/or is reported to be vicious.
vicious
dog or Includes these assumptions: 15 minutes of dispatch time;30
bite case minutes officer travel time to location; 120 minutes officer
time to capture dog, interview witnesses, collect evidence, and
write report;30 minutes officer travel time back to IHS
facility, 15 minutes officer time to unload and kennel dog; 90
minutes administrative time to process dog into shelter,
attempt to locate and notify owner, and prepare records.
Impound Fee to impound a Meridian cat at the IHS facility. $12.50 $15.00
fee - cat
IHS does not usually pick up cats unless they are sick, injured,
or as needed for public safety;87% of cats entering the IHS
facility are usually captured by members of the public and
dropped off. This fee reflects an average cost to account for
both situations,given that both situations involve
administrative time to process the cat into the shelter.
Impound Fee to impound Meridian livestock at the IHS facility. N/A $150.00
fee -
livestock Includes these assumptions: 15 minutes of dispatch time, 15
minutes x 2 officers to prepare livestock trailer for transport,
30 minutes x 2 officers travel time to location; 120 minutes x
2 officers time to capture animal, interview witnesses, and
write reports;30 minutes officer travel time back to IHS
facility,30 minutes x 2 officers time to unload and corral
animal,30 minutes administrative time to process animal
into shelter, attempt to locate and notify owner, and prepare
records.
ANIMAL IMPOUND FEE UPDATE PAGE 2 page 328
MERIDIAN IMPOUND FEE UPDATES June 7, 2022Presentation to Meridian City Council
HISTORY OF MERIDIAN IMPOUND FEES 202020132006199919921985197819711964195719501009080706050403020100 2022: $10 dog, $12.50 cat•2013: $10 dog, $12.50 cat•2011: $23.50•$96–$75–$36–1997:
$23.50•$75–$50–$25–1980: $15•1975: $7•1950: $1•
OTHER JURISDICTIONS’ IMPOUND FEES$12.50 cat$10.00 dogMeridian$50.00 dog/catThird+ impound:$25.00 dog/catSecond impound:$10.00 dog/catFirst impound:Kuna$50.00Second+ impound:$12.50 cat$25.00
dogFirst impound:Eagle$125Livestock:$90 unlicensed$65 licensedUnaltered:$40 unlicensed$15 licensedAltered:Ada County$77.25 unaltered$82.40 unlicensed$51.50 licensed dogThird+ impound:$77.25
unaltered$66.75 unlicensed$25.75 licensed dogSecond impound:$25.75 livestock$12.75 cat$51.50 unaltered$41.25 unlicensed$15.50 licensed dogFirst impound:Boise
PROPOSED NEW IMPOUND FEES$150.00–livestock–Impound fee $15.00$12.50cat–Impound fee $75.00$10.00dog or bite casevicious –Impound fee $50.00$10.00dog–Impound fee Proposed new feeCurrent
feeFee description
PER CURRENT FEES FEE REVENUES PER PROPOSED FEES (PROJECTED)280 x $50 = $14,000•280 dogs≅FY21: -verage FY19 A•90 dogs)2≅FY21: $2,900 (•dogs)237≅FY20: $2,370 (•dogs)316≅FY19: $3,160 (•dogs)260≅FY18:
$2,660 (•dogs)258≅FY17: $2,580 (•190 dogs)≅FY16: $1,910 (•
NEXT STEPS veterinary care feesIHS sets and receives board fees, vaccine fees, and •City of Meridian receives 100% impound fees•Update/clarify IHS Agreement•Adopt fees•
Item#22.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Police Department: Proposed Ordinance related to Public Intoxication
(Potential Meridian City Code 6-3-4)
Page 329
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
HOAGLUN, PERREAULT, STRADER
AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 6-3-4, REGARDING
PUBLIC INTOXICATION; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City Council of the City of Meridian finds that the following ordinance
will serve the public health, safety, and welfare of the people of Meridian;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That a new section shall be added to Meridian City Code, Meridian City Code
section 6-3-4, to read as follows:
6-3-4: PUBLIC INTOXICATION PROHIBITED:
Any person who is intoxicated in public, to a degree that presents a danger to others or creates a
disturbance of the peace, shall be guilty of a misdemeanor.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective immediately upon its passage and
publication.
PASSED by the City Council of the City of Meridian, Idaho, this day of ,
2022.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of ,
2021.
APPROVED: ATTEST:
Robert E. Simison, Mayor Chris Johnson, City Clerk
PUBLIC INTOXICATION ORDINANCE PAGE page 330
Item#22.
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 21-
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby
certifies that he is the legal advisor of the City and has reviewed a copy of the attached
Ordinance no. 2 1- of the City of Meridian, Idaho, and has found the same to be true and
complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this day of , 2020.
William L.M. Nary, City Attorney
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 21-
An ordinance adding Meridian City Code section 6-3-4, regarding public intoxication; adopting a
savings clause; and providing an effective date.
PUBLIC INTOXICATION ORDINANCE PAGE page 331