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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 Meridian City Council Work Session June 7,2022 Page 4 of 22 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 Meridian City Council Work Session June 7,2022 Page 5 of 22 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 Meridian City Council Work Session June 7,2022 Page 6 of 22 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 Meridian City Council Work Session June 7,2022 Page 7 of 22 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 Meridian City Council Work Session June 7,2022 Page 8 of 22 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 Meridian City Council Work Session June 7,2022 Page 9 of 22 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 Meridian City Council Work Session June 7,2022 Page 10 of 22 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 Meridian City Council Work Session June 7,2022 Page 11 of 22 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 Meridian City Council Work Session June 7,2022 Page 12 of 22 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 Meridian City Council Work Session June 7,2022 Page 13 of 22 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 Meridian City Council Work Session June 7,2022 Page 14 of 22 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 Meridian City Council Work Session June 7,2022 Page 15 of 22 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, Meridian City Council Work Session June 7,2022 Page 16 of 22 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 Meridian City Council Work Session June 7,2022 Page 17 of 22 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 Meridian City Council Work Session June 7,2022 Page 18 of 22 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 Meridian City Council Work Session June 7,2022 Page 19 of 22 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? Meridian City Council Work Session June 7,2022 Page 20 of 22 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 E IDIAN 'aAHO 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 7/tem 77 E IDIAN 'aAHO 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 7/tem 77 E IDIAN 'aAHO 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 7/tem 77 E IDIAN 'aAHO 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 7/tem 77 E IDIAN 'aAHO 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 (:> E IDIAN*-----, 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 E IDIAN '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. � r 5 r I. PROJECT DESCRIPTION Final plat consisting of 95 buildable lots(93 single-family residential&2 commercial)and 13 common lots on 25.35 acres of land in the R-8 and L-O zoning districts for the first phase of Aviator Springs Subdivision. II. APPLICANT INFORMATION A. Applicant: Matthew Adams, The Land Group,Inc. 462 E. Short Drive, Ste. 100, Eagle,ID 83616 B. Owner: Steven Benson,AG EHC 11(LEN)Multi State 2,LLC—8585 E. Hartford Dr., Ste. 118, Scottsdale,AZ 85255 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2021-0065)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. There is no change to the number of buildable lots or Page 1 Page 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) THE I II GROUP • .. : � r:� �1�11=.•I. .=�1.=:!fir: :cl, •l.= _ r P.Pemo.na L T w!•u.•._.I•�I•.�.I•"" �"h fl:� III --- �� �.� I LJL JL JL � LJLJ ' ' r �rJr�rrr lrJr rrl $ � -_ � oeremper• _.=.� a'—• `,.;�;. .,, �a,...,.,,•.a,. Planner.Engineer,Land—p Ar;--„C O _ •I: I —il�il�l�I�I� } -! — �_ it i ,.,�.;�,.,,, �MM�� y LJLJ L J L J L J (', °"_ f ,,,�,,,.,,.,,•,�a, 2.�,,, —il=h CI auI _ r 4 CL � Ir __ �I�II�IY�I�� �— r' r+ imu,s•ne,amiewie�oma __ �C.1 ;� - - �" .., ,m,.,,.•�a. .,�..,� RigBenchmark.KAn W OM. Q C •W+I�!IWe� I.. il�dl�'I=.'.'• 1• - W I§ �.�„zm..,�n,.0�•�a� n �a ,LJL JL J�_JL JL J LJ L •;. u en Zoning nawircnn: 9 Prelimi ary Plat-orerrier _ �� � 4r , U PP-01 Page 117 Item#7. B. Final Plat(dated: 4/7/22) Nr Final Plat for r.rRr�Nr w. S. SSr Aviator Springs Subdivision S.S2 S.SS aTNF�I'6, CHVNAR RIDGE SVBGIYI!GIVX � ' j PoaIn,RRPor PFPIALPo l I l i ' � m Located in the NE 114 of the SE 1/4 of Section 32, _ SB9't93Sf 91A9U � i 0-- Township 4 North,Range 1 West,Boise Meridian s� fi City of Meridian,Ada County,Idaho O — — rr ——— i r R N,RxeNEwnNrax g 2022 Ilr7«az.. 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Final Plat for Aviator Springs Subdivision 2022 OD Ell OBaOQa0ao00a0`a0=80aa Oaa�� a RIB , 1 Q B a o OO 5 s i I scale:1-au See Sneetlmr Noles6Legene C.-Tame(This Sheel Only) s x Oe r r- Frmre, old ,oO 3m'ie eO®� '�°�o 0° B`s_(]e °o�' e�° e`e Qae " ern �a 8��mm mm mm rm,eww ran ^�x�m mxM wwwsss„s.m Q � , I O ss J� 0�� 0 s�oado$eobaob� Ji a'i THE LAND ' .GROUP IBM Final Plat for Aviator Springs Subdivision 2022 � F `— Sce SMe[l mrxoles6LegenO aQ � a � m m �rt� m ,��'B—e1N� eei�,—�.; 5_ curve Hole[Tnls sneel onivl e� x..�x xrH.E w mm o g 81) �� a "pe�0aa0$dOa2(D(D sOsa03 18 i i e i 0 a dOaaOs�O1-8. soOaoOsa��p `I6' k I� Al 414 Tame Un-sneel omTl ryl_ \\�� ec O L Oe{0 OroO OFe® Z=y �n 'x6 35 e 6 - _ e e es as _ «smp UMPLITTED x � .sr .r V THE TBBO s =LAND GROUP Page 119 Item#7. C. Landscape Plan(dated: 04/7/2022) CHUMS RIDGE SUBDIVISION Prai�CalNalions WTHE LRNO �.6HOHP I1 c I ' ma Ca I rn� _ I I Landsca a Plan Overview I L1.00 Page 5 Page 120 Item#7. inND ING 5`.BEGIN - GROUP G _ 9 eo 2 BEGIN (zl I PF(2 1 nI PA 1 PF3 P �. ' + 1G 15 A%(3 PB(4) -- 12 + dI GP ++rMG'1 eO 3 516a (3 -� S PA(1 GG(2 • 18 lYP El F_.,�i El 1)B 15+ 'OR(I e 15 GS(3 1TP OF3 BB(3 - `•�1 1)Pa 3)0 f '—Dare x a u I 15 �J scR® 1 PP y l Ix AX I° eO 13 • 4)CP G5 P9(2 s(s NP OFB 18 v�un'F C @ ONn 15 BB 14 a END o ,_.•.� y+' CP G ¢¢ -- 'T-- ' 12 MG(2 CG 11 IW OF ] ....,..:,........�.. CP 15 1. 2) PB(2 p11(' `16 BEGIN a� � 1)PR 1 i CP 3)BO O �� GO(3J] G8j1 = •, PB l3 GP 1)PF CG(2( 8'pvna. I 11fi 15 ..�'� �._ i _ PN 12 - FsntrscevN�nxivt i Landscape Plan Area 1 L zl eo p f - , cPln 8 - _ um�ea: _ TIE 15 ' 'J/ - 1j0A 11i PF- -- ��G1 :10: p■■®LAND W RRDDP - — - BO(G can ttPOFd !�i d, ..n.....�. ."Na�,...�. PN m I oR 11 a'xEGx leoent e ' El i' PF(t El e"�'m` El.T rir r ..y...., GPI L1 OR (s - 1)PA �r`II PA(2 .13 1 - MS f1) fS SI `51 'i l 151v I—I eO 15 1 51W Ms l pIF If- 1°R Q 91 G9 1dA 31G G3 v I5Msl, ` IPA �.cPos- ' 11NZP, m( of u19 M u � O .a.�.... ,x„P-ti••._ pGG\ PF19U — =C I PA CbI 11 G9 -Cxx,�,, 2 RED landsaa^e Plaa Area 2 L1.02 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 �jrE IDF� �.0 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 i — • s I 22 i . 12 �t 1 - 12 i y e00-bzmem.VIs maa1a0 I 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) S83-43'26'E 5.28 ' S89'22'25'E 48,0o' BRASS CAP 1Q5.49' CPdcF�7GI5-079xa6 506.16'34'W 2 28.55' JUMP CREB( I G1 SUBOO 1211 PAGE 9001-19003 ROCK r112 ACES 1I79O157981 SQO'36'46"W I 4�91.00' S86'19'57"E Iry 4 1 589'16'45'E 30.05' S89'28'52% 1 5 LDCJC f9 I -- 1 1 18 19 20 21 22 23 24 26 27 28 29 30 31 4 1 1 LU a 5 W. APGAR ST. U # Ll l �^ 13 12 11 1❑ 9 8 6 5 4 3 2 p i 7 ❑ N JIJUP CREEK z I i a0a< 21 SjjS1MSON N0 7 1 ODGR PAGE @f_OCK 27 8 1 14 15 16 17 18 19 20 7 21 22 23 24 25 1 1 7 9 1 ,'J 3'57"W SDO.3 I 1 SUO IW. RIVA GAPRI ST. 9 f 1 I I I 7 91 in 1 N p b ��_ BLOCK 20�`_ B POINT OF BEGINNING 1/16 OU'3T35"E S89'20'19"W N89'18'45"W NQD'43'15"E 28 37.00' 497.54' -- W. NICMILLAN RD, 495,74' 49M' IN 6'45`W "28VHREADABLE 5.33 583'41WE S.2$ S27 6D 5 '22'.2`_'E .-48.DD' BRA35 GAP 1o5.�C' CP IF 1haDl5 D79x,s 3178'1 fi'3d"5r T'4 Bdf)If PACE yMi-MD3 DDDP 114)PrCB 15705-JS799 i 3 1 soo '46"w 1�91.90' 585'14'57_E I 34,Q5' l 4 589'18'15'E 5947E'S2' L _664.58' 1wov_ I 5 fKN f9 i } _- 18 19 20 21 22 23T 24 2t 26 27 29 29 30 31 4. W. APGRR sr_ w LL S41 F3 U� = 1] 12 11 14 10 8 6 5 4 3 2 7 J n z de r, 1 JMP UIEEK m T. &, 21 9J6EA1>•IAEr+K4 x 9! 21 $ 4 1i 15 if, 17 18 19 26 7 21 22 23 24 25 7 f rC 500'33'57-W I f e _ 1L RIVA CAPR1 ST. 9 9S,1 RS` C ■u I F This unbuildable Lot 7. block 20 will be platted as Jump Creek # South under a separate preliminary plat for 20 lots at a later date " I b IX.'K 20 91- _-YPOINT OF wawa�3}w{rs.w..wr.r rf77'rrrnrrifn P .-z rrrn:rxn m�tfR7fY����rrr�r..r.■.-.,SOE41HNIHO - NCC"37 35 E S39'2 19 J MH a5'71 NOd-;S'15 1B ?8 37.CC' �97_Sd_ 5.28 ;5.27 uvh11LLU1 RD. 49fr_7i' 49-DN64'16'45'4Y_ _ 323.61 S33 S.34 cp&r EAP was pm-omr,5 Page 4 Page 135 Item#8. B. Approved Landscape Plan(date: 11/2/2020) F IS __ a PHASE 9 LIMITS i� II y"• rl PLANT S I rn I _� -- c i� -'ice{•.: ea,ow.,..k. .. i —J` ---� W.JUMP CRERIS OR- • ' .e Ip ---�- .. : -� +:[:.��. � hL,�'LIIE•SEE 91EET 41.tg d I I I I 1 1 I Z• I I � ..� .. m I. I nxe �J � '`"� sloe-,,.n __. ___ •• .� ��— JLAN❑SCAPE PLAN -AREA ONE ❑R. * i it s - --� Imo` • ,� -- ' ----�--- ---- --- „-, � ' 1 I I MAW HLU#•S$E&£ETL1.12 hNTGXIJXE 3moLo L1,1i I m I I rn — .var I i BJ OCK 21nm -: . I J�r-+� �•b�Her�er¢e m ■� , -� !'I I ii I - ,,;_� ; •1 / iui�n e.bc.eeiesc� 50 1:,ANQSCAPE PLAN — AREA TWO e Page 5 Page 136 Item#8. I --- _ w-rur -- a -- V,TQkUNE OEE&EE Ii•,-.::; W�77LIE-9EE 8xEEf41.19 1.7 __ i' -'^�� I > I I. I to i e I • I e I �. J 1 I v I ew. t I I I y w.�EIGIi16H S1�------------------------------------------------------------------- I I �:. . :.•. �,.;•,--;'P ._•�.-,tom - - .................................................................... �� .____r....... ------------------------ I ................ . .... ........ ... ........ PHASE 6 UMrrS— —PI Lfi LIMITS r 1 I NATCILNE•H£91EET L1,14 - IL 2 1 I+ -.ti I I t J I � I I �� •. I C m 1 - ' --�-- I � I ..—n . H1� �— _• a .- ���� 4��:1—_ �__ _ » w.LLICHroNrsr. _ I I u'•I G 1 I �� •_E���Fh�y rr� __ I 1 1 � � �I� I I• p I � y n � — — T r1 P_ N f)A V' I '�— ' W.MCMILLAN ROAD E ��PINSEb LIMITS 1 ry'LMQSCAPE PLAN -AREA FOUR rage b Page 137 Item#8. C. Open Space Exhibit(date: 3/03/2021) m 9 t i I x dlP r9 "T" i �. M.1Fcrye ir. --------�------- Or iRrtis 37 ~----- I I� A a as ao ae Q { R r. 1 r,"J I 1 r ----mow'EMMI€`_ _�- - - - •—•----�--- '9 f`'P9�t. - .� 5. i elm' 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 Page 149 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; Page 2 Page 150 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. Page 3 Page 151 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) Page 4 Page 152 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 NORTH, RANGE 1 EAST BOISEMERIDIAN,CITYOFMERIDIAN, ADA COUNTr IDAHO 2020 E 61RMW AWMX Mori( r a 3 � y ALLEY W h ] r a 1 Ii+ nn I ea'a1S9a �..-.�..r...� Page 5 Page 153 Item#9. B. Proposed Site Plan(date: 1/31/2022) N: 71037U.99 V EP� EP rr E:2455973.78 E CARLTON AVENUE EXISTING CURS,GUTTER AND SIDEWALK NY -SU- ❑ 56- z -- ----- - - ----� . pHP rrc 1' I I_f � 2E+62.75, -7 37.00 Rf 22+52-31. PRL, 11 34-06 qT Wgtir0� 77+45,00, Pi. 3 �1 I LLJ 32.00' R I I (Y 16 1CO 17 LLJ 1.. J, z I I SZ I a ? + �I 7 � . 8 - * I RIP o I' tli I I t7 9 I I I -- — ...... �EC+ _ 16TING 9 h +lAl S soMTS- �:r +-LEY ry 1��e II 13 KEYNOTES .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 Page 154 • u�Iree4 Yew t. � �,o t �!' h ill•• h'K!J � rl .f A 7..�s+�+ '� � •.ram.�;� �. Iw _ 4 _ � .r�r 411._.i rl•.r* .r 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 Page 156 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 Page 157 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 Page 10 Page 158 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. Page 11 Page 159 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 z SUBJECT: H-2021-0102 Pavilion at Windsong W Sn CK-RD -- E-76 LOCATION: 1680 W.Ustick Rd. ._ 'E W - - ia Z I�,J W C Lea 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 Page 165 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 Page 166 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 u■ �� � _ I .I � I r'- - =1i�a ■ ��I� 111.1111NI� iil' w■I " ' ■■■IrH�j■iMlhi��r 1111� - _ �a ■ N ■H■■ N !�■ 10 ■ a = II jig r. '�✓L' a T.� - i_ ■■, toli-• �s•II■ IN II ;; ■ ■ !■■I �IIIIIIlI� mail ■.�..•-_ MEN son WIN ■ ■ �� I■■ ai a■ ■ a ■ a fpa ill al A IIII a;:aT r1 II II INI� it ����� 1111111 =iil-a• Ed #■111' 1 =ija. \iia u'w a IIIII Yi ■ IIS+Ia IIIII • IIti!I° = IIII IIIII � _ MMI�N FHBO, N■■ _■ i ' r ■rYrtiinAN owI�II■rr■ an ■■■�_ ss ;a,=`f�[. ■� ■ !!. ■N■■ �'�� a lid ■� ■ �Il�s��� ■■ _■■■■ ■■ rr �II;�ti� ■ I p _� I III � '+�l.i■ � fa�llii'� � t� � sll��� ■ ■ ■■■ Ii ■ rr Ii „� I++�n.,. ■■■ a I+qtoon. . Imp 0 tom ■■IIfI INVA■ : ■■N■■■■■■ ■■ ■■ I ■nommon IN ■ ■l'.'J■ Y�■rY ■■ ■■ on ■ ■ ■ ■ Item#10. 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. Page 5 Page 169 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 Page 6 Page 170 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. Page 7 Page 171 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. Page 8 Page 172 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 Page 9 Page 173 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 Page 10 Page 174 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 Page 175 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 Page 176 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 Page 177 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 Page 178 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 Page 179 Item#10. PAW SUBDIVISION REZONE EXHIBIT 5 .5 UNPLATIE4 5&9'31'42'E 389.94' ry W. CRMS00 5T. 231.9+' —-�- 584'31•d2'� LAlra 47.21' ' DF C-C t4NE W o r " R-0 20NE 53 3.42 ACRES w I r o W a ea f. 87-15' S9[S'Q4'Od� dp cc o � i �25J.S5' 14&20' 4,84' 35 J6 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 ",M,'M.2y4} f279J 2B9-Y=rl� - x.r.rrcuuy 6a Page 16 Page 180 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 Page 181 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 Page 182 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 r y I ti — I 4 • . �wr ar.r h• !nzrM mhr C z 1 !J ! .a Ilk 3 —�YR�iRSS a�a—•+r.._ .—��e�� ..-.. Y -1-RUE TWU r.o.Gm nax.e �Ta acaw,� a��rc ti I •_ a fi � m 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 Fr LY .rae a=; RUILf1 Plla Fi VVV "Ism I i I I 4� ,'I.ETHRpL•-H 1 6.. I.'IL41 r I' 1 � iou jLi PATIO 1 1 4 1 1 I�" N G.J�r L..?1•.:ri�`., �i � - i I 1 w 'rl 1� f � y I I f � AL I.qL'o �? r7 T—i T Page 22 Page 186 Item#10. W A 11 El L m 221je I 3 ,IL F, Ll F- IF 4 -A-4-1-$ w wl� WINP N-1 771f11 - IL I H 91 Ti I TE -7E E I E TI-L Page 23 Item#10. F. Building Elevations: 12/20/2021) rgo R . No BUILDING 'A' Fr FF-ONT ELEVATION T- ter; — _— ❑o ❑❑❑ ® MUL o00 ee oo y --y' of ee' o00 �� >31 BJM[-�- B B ® B of ❑� , i KEAK ELEVATION 'u � v u ,�, u L Ef7 ELEVATION I I hT ELEVATION Page 24 Page 188 Item#10. oil RIM - t MR son BUILDING 'C' }-I fli Y� n BUILDING 'D' IF Jill _ 1 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— �,1� ` �■ \ 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 Page 191 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 Page 192 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 Page 29 Page 193 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. Page 30 Page 194 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 Page 195 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). Page 32 Page 196 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. Page 33 Page 197 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. Page 34 Page 198 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. Page 35 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) Pagel '�+a'_IIII_ I. ILr2'�iTT • HIM _ •.. Din _. - FE �I' VOR � i�•x W' 22' �iii ' Illlllli �fd J. :I•�..7+, I'IINIIII1�Nlllll N'Ill II_ �x Ste', ._ . PINE 6,.•III.u53o-.nllril�.��l l�llrll�lll� __'_' --— —-- "PINE- ; � 1 _ KIN I I I 1 1 1 pllluw ��•II fplllum .. }Yo • : �•Luuu_I •� iy'';; ' }L=_:Yiil �•,Luml 11 75 IN IN •�Y.F I„�,,,,,,�111111� -9�' pl.l �,I ::,..�"��' ��; pl.l _ f NIIIIlp _ :■ IINIIII - IIIIIIe- - rIIIIIIIIIe Ex al ■■ ■H� r _S III• I .I nl.��.II 5'I'=' • MVP i I_als l'==• '� 'I'xl•�'.y' I11:11i • 55 O I ^ ■iiii" -�ylEM ,;��rI;,IIII NIIII_ •J on INII 11�= �•, n IIIINIIIIINIIIII NIIII_ SIY■E.Illi-w177.nllri III 1�IIII•II=-e p� w577+n11 u���C��ullrl111111•II==e imp ■4 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 A. Site Plan(date: 1�20zrrvr2022 4/5/2022)&Rendering—Revised 1111111pLMIlllllAllgls pllll 71111, m $rg FII I Nunrlaw E Q PRDIECTSVM1IANY {{Sl G lir w.ill.w.r _ I I�� ro Kr f1 I� I I II I II+I /Y opw PRGERIE JA'Rg w T LL Ydp lµ}�I lJl1 JIIILJIUII _IT o I =f �: j II Ian---- - _-= RRflISCT IRENmOWN xll.i - - - - -�_-- - ------- -__ cLo Page 12 RECORDS �.�_-_ 1p��� E.ELCfI:r,nm 5!T4FT .4 BRIGHTON 1. w; p CONUPTlJAL,SVBJECTTOCHANGE I r ■ tyl Mrs 11 1� •` ''�I • � Er r i{�i I�PECCF➢i MfAY B11RRIER MEI III ARJENI Y En l AM1'EMTY SPACE n0.x Ig 1 AFL ;SdAl9ERTYYEI r ' ewx u�SrRwElI.A bVIdIbIl - r i I .:. � 1i � L rAECr�3wAr 6eANEA'hYEl uANRILR fYPC T 1I _ LCHI£nONW�N�}E 1y{ � Ili1 T.i— 5 ❑ ��K 11 I L AAAEN i � 3 _ $► ! unuiinuill FAIRNEV MMUE - 1 AAnAIEATrPEJ�NCOAPLWE Ilk VkIO wmT = E PgpyIEW MENIJE SIGNR4k � — PAERRIEYEAAE1 PAIPPERTA4EHllC RAAAIEA iYPC t_ 0.5AAIC9 TYPE 2. Page 13 B. Landscape Plan(dated: 2 4/5/22)—Revised �F-- El El iF� E` "f_r+ a' + �" It P, x� .... 'J.� �•. L r3T L!•3.'�?.✓S`.Gi�A'e.ti:�t , .��. ,..�-,Y4fC.4`Stl6"E:•:',w.:'.4'dW^ J WA AHD TREE OYIXM1KNi5[STREE1351F) C,v F.. �'•'Ni ii1EAL P & TRf£GllCIMTgNS ■ AW]NG"11 CA.LCWTgHS ■�■'_/V_■-,��-, PDANM1C lSIN1DiPH5[STREFASIAIO] rvniS��Sr��'r`R Yam• � v;�;C=; 11PEESR[61N%' CVP lMlOSCAPE COPE 3�-$- r� nniranrn Rm- rarumffs Page 14 T4 TRHOCR idl �' r t e Y f 4 S 4-2 .l.l i'L138FF1:=.TT>=_ HEO7105 WaT9 4P1H T1PE2 IE 6 �s skis In 4'Jsn M xl4TRL 1 I7 FA1F'AM AVE ELAAPoEFT•'E 1 FV-EWkYE&SRRI.-E.2 ttpp d m v S In slL y�lP1 Q• 4f[+F R l TT.{FICT Iy Q Y rY x7E CIC4W3 THEE PLa n*5:.YL SA1!RZ--RPlL Ft EAMEHTIPEI-UdMB 90[ 7 EWrtl0i TFnz-gEmHAIIYE FEH� m�w�umr LZO Page 15 C. Qualified Open Space (dated: 12/8/2 1, stamped on 1�25/22 4/4/6/2- - 2) NOT APPROVED 0M SPACEAREA5 i MU LEI -awl �.A tWL 4A 71� zg krn --7 TffiAL.I LIED=OPEN SPACEEKH193T Page 16 D. Building 1. ' • i Clubhouse(dated: 1/ i PREUMINARY CONCEPTS lI :G❑�a E"'kA L�N�y:,;��- - •�u I��� �hE'u�li _ o� .-Iliiiililullll!!!IIIIIIIIIIIIIIh���'III IaIIIIIIIIII�!�Ilil�lN�il����i��� �L E � I sir Ul� .�� ..i :1 I �'I I I i II III ! i I i r I n iii "■ i •I � II i �In1�41E1t11�. ---•-- -- �'- _r. Page n a � PRELIMINARY CONCEPTS ,en,��n� �Ba6mck7 - nR QAAQQClQQt7 II II IT PRELIMINARY CONCEPB mawwer�v�awnmieuiuxnaEs �Hzh k?.�. pr rI Tni(a�L-1_fl r IILYiC — }1 ITIT — rgir�� o f biIIIIIII�IIII � r PRELIMINARY CONCEPT L'N ea6cock oesgr. Page 18 PNEUMINARY CONCEPTS zoo iewortw�zeauva.nn.s BabcockDesgn PNEUMINANY CONCEPTS zoiauua�rz�z iev..�ms.ao.�z=n�_s r Babcock Design s u. p 6ill 1, PRELIMINARY CONCEPTS zouxuwn '��ewwrwrawiu�xnres Rabco&Desgn 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) Ld e , I� 1jI AGE%Gr +rwr # POCK SCAM eNH. Page 5 Page 239 item#12. EXHIBIT A B. Combined Preliminary/Final Plat(stamp date: January 12,2022) 5. 5PODD M -n-- ,Qse__�x--- _--- ---- -- -Po .um --------- _ 0°2E2rTF SAS.23• y ARO RD.NIB.Ri ��- -B `v$ m Nam £ £ � � m ♦NS S.AI/MIPTY PlAC�� � SL0a3 I .. �� sa ®h---3 ---, o a � � � sl � I$ ,� III �I� - ul• _ L' I I us rr I I NMI _�5.VOLONTRER ZE —{ c PROP f �g ' 'G c, m p m l r f ——------- s•I,,.s 4gY,Ha��---- �•i O r- - m �sa�3,Rzw vzes, i - —__—--. A� In --� cp ' a �•�--�;- 3o-u-'�P �x g \o•n�E i yOy Z � 5 Imo'-•,I8' -- n - 2 N q Rg p3 r^2 •S•3. tl.S.G ZE WAY- - $�� y III O LIN N ` 7. X A A U yey p 6� pp v v �R ' i[ -5, dIRRIDIAX RD. HIM 1 - �9a N � nj All JE HHp 692 o: � H oil H �11 �A� o Mm a= � � Apr ogVa �O Page 6 Page 240 ttem#12. 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T3.5'I b.S i 54.9' A LY9 SL98•KOE 9fi V � LZ`__S_581Pi2'ISE.m c1'___. 59Yt2'ISE 13af6' 3 i IILt1.A9'B__� rK�,-1 g5A9'tY]SE 211.�J' g'1 ~ Ie r_____________9.35 __� �[1 17 r SIiTP) `(ryp) r III _ 25 FlINi la cwi _ lpmr7 N 16 8 a l rry w 8 Iusr y o g icf S we n.9e•r z a w Ri 26 -- -1 13.s �j --- Itl w xi Iy I'I 1s 3 c d pia ----se°nzWx1'auA'---gatI =�--- `---nzsi a 14I' Ii 31 r, g '.$ ---s�°Y21TF 119.51 -� 389°22'is"E 13a89' ' .7 i ----- slocic7----- �i� 22 r^ zIo _8 zri i------- g $r- __--___________iy Z $ N _J a �__ a V zs BLOCK2 ^ r 1— ' v 811r---se9^s•!I� 143.91•-- i__Hel.za:-- sv.9s_-' _- -I �N i Lauer-- n 1p 30 F ay 23S ----S89�f2'1SE]43.A'____J 3'E L32]3 �9l1 �l__Sd9°2715 E 99de'-J fe RI' R 18i 1 ; `___5w a7rE xzs.n._o �z9s•—_—_------_� �N69°22'15"W 106..SH' 17 I �` 13 IRa "________------ , r -___ r ny C s.7m��S RrPI 910CK7 r . '{�' . 1T 21 19 __________y AY,�°�• 1 28 ,o(rrn1� 7P 691(139'W 144.35' 1 y \`,(}, C50 1/ s�°Z1'1SE Ifi.3z'--J 1 $ C c I r l , -------------- su � �Io prrl_------'-:ns ea _-_---fir----- -' I` Isap' ��d S, -��---'- TAIDiEFLVE SllaD1VI810N M0.1 564°44'29'W 17g.0a lY BB°OB'13^w 163.Is T - �� LEGEND KENTUCKYAIOFE E5TA7E5 Sa8aMEi0N '�Z37' 1�- 6o0KlaAAGE)I9I Page 7 Page 241 ttem#12. EXH I BIT A C. Landscape Plan(dated: January 2020) I I I I I I I I I LANDSCAPE NOTES. VICINITY MAP, i anr�� vs i GidR O0.N LP r mm A- u. r( nxanarc cm,rax.an.,u, �w,e•<`mm�w.z .. �.❑ � ` rcrnnr xras n WNDSCAPE REQVIREMENTS. OVERVIEW MAP'. Q Ln o r•. r. m — x. z BALL AND BURLAP TREE PLANTING a��uii<sxacroc`ur�ryreeew�na q, m MITIGATION INFORMATION: P NT S eHEDULE s = 5 x v LANDSCAPE OVERVIEW Q L1 00 Page 8 Page 242 item#12. EXHIBIT A PIpRT SCHEDULE h II lo 0 �,. C ---- - z r i LANDSCAPE = PLAN- / ARE 1 i ______ _______________i______ ti________I_________y___. .x,L1.02 Page 9 Page 243 item#12. EXHIBIT A PLANT SCHEDULE SCArs o�u�r I 3 I o 11 m --- _ �� I ` ___ ,JAI I I W 31 I I' III _ •, -__-._ I------ LANDSCAPE ..... I PEEN. AREA L1 03 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 n a n i MIN. 5'WIDE CONCRETE WALK CONCRETE PAVEMENT W/BENCHES -� /6' FENCE /GATES-- ` SET IN RI BON CURB\y/ � 00000 ,= ASPHALT PAVEMENT W/ COLOR COAT SYSTEM 20'X44'COURTS WITH 8' MIN. s BETWEEN AND ALL SIDES �` per✓ #9 BASKET I, RELOCATE#8 % TEE&BASKET TOE OF SLOPE ----/ i i i Item#14. E IDIAN 'aAHO 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 , IN4, 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. C� fIEN , IN4, 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 Page 270 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 Page 272 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. Page 275 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 18.10.01 Page I CSG#40209 Item#16. 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 18.10.01 Page 2 CSG#40209 Page 279 Item#16. 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 t s,10.01 Page 3 CSG#40209 Page 280 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 18.10.01 Page 4 CSG#40209 Page 281 Item#16. 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. 18.10.01 Page 5 CSG#40209 Page 282 Item#16. 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 CSG#40209 Page 283 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 Page 8 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 Page 9 CSG#40209 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 CSG#40209 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 �. ; , =_ c„ � - �i y Ar 7 A y . lam', �i v 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 & $971M in 2020 *Source National Housing Act of 1937 / **Source Shi t Research Labs Many local restaurants are closing and one reason is being unable to staff the restaurant because housing costs are high. Page 301 Item#19. EXTREMELY LOIN INCOME AFFORDABLE AND HOUSING COST BURDEN BY RENTER HOUSEHOLDS AVAFLABLE HOME5 PER 100 INCOME GROUP RENTER HOU5EHOLDS ■€mL M o mtd i Se"H M Co 6urdrni,T li aye 3d% 24% 29% 3� In Labor Force Disabled senior school single Careglver Other *Source.NLIHC`Out of Reach'report. nlihc.org/housing-needs-by- ,•" ## y %AMI:1-30% 30-50% 1 50-80% 1 80-120% state/idaho Page 302 Potential Resident Item#19. SingleFour Mother, TwoThree Person • Single Person Sons Household Household Age(s) Si xti es Twenti es Forties Th i rti es Student w/ Customer Part Time Job Warehouse Job Servi ce as Cashier laborer Cook Income 35,400 38,000 451480 50520 Bedrooms Des i red 1 2 3 3 Rent 895 935 11-159 Cage303] Site Plan for Wood Rose Apartments- 1160 W Ustick Item#19. xre.I,wXrurre 41!P RI L91L:SAtl.10} ��SW.G PS 1 1® a�omeov.o-c lasn� -1k wl 41, ank ,7-0.Z�. s.f Y319JQs7![Y S/d IT.Md IW34-0l. 'y WILX:W W:fiiA WUA r [PLX-0.5FY M[4 9001:f _ 000 l.Xs I�ulr. qw�:r[rm s:u¢ wu[I ti focni4u a ono-g.�¢�n I t r� I A,. L — IJI Page 304 91 U$ifGl RO `"':-:7 Moon Valley, Star ID .ti. i it � e s mr - r 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% i 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 i 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 i I 1 i i i 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