Loading...
2022-07-19 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, July 19, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilwoman Liz Strader Councilman Joe Borton ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Bernt. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun 1. Amity Storage Water Main Easement 2. Aviator Springs Subdivision Emergency Access Easement Agreement No. 1 3. Aviator Springs Subdivision Emergency Access Easement Agreement No. 2 4. Elsinore Daycare Lots 12 and 13, Block 2 of Paramount Square Subdivision Water Main Easement 5. Horse Meadows Emergency Access Easement Agreement No. 1 6. Horse Meadows Sanitary Sewer and Water Main Easement 7. Timberline North Subdivision No. 2 Water Main Easement No. 1 8. Final Plat for Briar Ridge No. 1 by Kent Brown Planning Services, located on the West side of S. Meridian Rd., between W. Lake Hazel Rd. and W. Amity Rd., near the mid-mile point 9. Final Plat for Oaks North No. 12 (FP-2022-0019) by Toll Southwest LLC, Located at W. Burnt Sage Dr. (Parcel Number S0428325460) 10. Development Agreement (Alamar Subdivision - H-2022-0004) Between the City of Meridian and Marala Investments, LLC for Property Located at 4380 W. Franklin Rd., Parcel S1210346603 11. Water Distribution System Interconnect Agreement Between City of Meridian and Veolia (f.k.a. United Water) 12. Memorandum of Agreement with Meridian Development Corporation for Contribution toward 2022 Concerts On Broadway Series 13. Memorandum of Agreement with Meridian Development Corporation for Contribution to Traffic Box Community Art Project 14. Parks and Recreation Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of $12,500.00 for Meridian Development Corporation Sponsorship of Concerts on Broadway and Traffic Box Wraps 15. Resolution 22-2336: A Resolution of the Mayor and the City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Paper Originals of Permanent Records Retained in a Non-Paper Medium of The City of Meridian; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 16. Mayor's Office: American Rescue Plan Act Discussion 17. Information Technology: Fiscal Year 2022 Budget Amendment in the Amount of $62,000.00 for Fire Safety Center Fiber and Conduit Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun 18. Information Technology: Fiscal Year 2022 Budget Amendment in the Amount of $150,000.00 for Lakeview Golf Course Fiber and Conduit Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun 19. Mayor's Office: Districting Update EXECUTIVE SESSION 20. Per Idaho Code 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 Bernt. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun In to executive session: 5:31 p.m. Out of executive session: 6:00 p.m. ADJOURNMENT 6:00 p.m. Meridian City Council Work Session July 19, 2022. A Meeting of the Meridian City Council was called to order at 4:31 p.m., Tuesday, July 19, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault and Brad Hoaglun. Members Absent: Joe Borton and Liz Strader. Also present: Chris Johnson, Bill Nary, Dave Miles, Dave Tiede, Bruce Freckleton, Todd Lavoie, Berle Stokes, Joe Bongiorno 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 go ahead and call the meeting to order. For the record it is July 19th, 2022, at 4:31 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Bernt: Second. Simison: I have a motion and a second to adopt 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 adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Amity Storage Water Main Easement Meridian City Council Work Session July 19,2022 Page 2 of 25 2. Aviator Springs Subdivision Emergency Access Easement Agreement No. 1 3. Aviator Springs Subdivision Emergency Access Easement Agreement No. 2 4. Elsinore Daycare Lots 12 and 13, Block 2 of Paramount Square Subdivision Water Main Easement 5. Horse Meadows Emergency Access Easement Agreement No. 1 6. Horse Meadows Sanitary Sewer and Water Main Easement 7. Timberline North Subdivision No. 2 Water Main Easement No. 1 8. Final Plat for Briar Ridge No. 1 by Kent Brown Planning Services, located on the West side of S. Meridian Rd., between W. Lake Hazel Rd. and W. Amity Rd., near the mid-mile point 9. Final Plat for Oaks North No. 12 (FP-2022-0019) by Toll Southwest LLC, Located at W. Burnt Sage Dr. (Parcel Number S0428325460) 10. Development Agreement (Alamar Subdivision - H-2022-0004) Between the City of Meridian and Marala Investments, LLC for Property Located at 4380 W. Franklin Rd., Parcel S1210346603 11. Water Distribution System Interconnect Agreement Between City of Meridian and Veolia (f.k.a. United Water) 12. Memorandum of Agreement with Meridian Development Corporation for Contribution toward 2022 Concerts On Broadway Series 13. Memorandum of Agreement with Meridian Development Corporation for Contribution to Traffic Box Community Art Project 14. Parks and Recreation Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of $12,500.00 for Meridian Development Corporation Sponsorship of Concerts on Broadway and Traffic Box Wraps 15. Resolution 22-2336: A Resolution of the Mayor and the City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Paper Originals of Permanent Records Retained in a Non-Paper Medium of The City of Meridian; and Providing an Effective Date Simison: Next item up is the Consent Agenda. Meridian City Council Work Session July 19,2022 Page 3 of 25 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we approve the Consent Agenda and for the Mayor to sign and Clerk to attest. 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 agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] DEPARTMENT / COMMISSION REPORTS [Action Item] 16. Mayor's Office: American Rescue Plan Act Discussion Simison: Item 16 on the agenda is the Mayor's Office, the American Rescue Plan Act discussion. I will turn this over to Mr. Miles. Miles: Good afternoon, Council and Mayor. Today I think my role is really just a little bit of an intro and summary of where we have been. Really this is a lot of discussion for you all to -- to take on regarding the ARPA funding. If you recall we were last proposed to be in front of you during the budget workshop and I had sent out -- because we got rescheduled from that to today I sent out a sheet and so I just passed that around what you have got in front of you. Really looking at the right-hand column, budget workshop number one is sort of the status of where we stand today and primarily what I'm looking for is direction for that first phase one box, so that we can ensure that we are on the right path with those projects, so that we can get Public Works moving on those larger capital projects. That said, there is also the phase two bucket, which during the budget discussions in June there was discussion about moving funds around, talking about the larger capital projects in the fire station and the police stations and funding those with ARPA dollars, as well as IT had presented to you some fiber connectivity projects, two of which you will actually see here later on budget amendment requests from Dave and, then, there is sort of a --a change category of the benefits, repayments, SCADA upgrades and energy efficiency studies that are what I would call off the list at the moment and, then, there is also conversations that you have all been having around housing affordability. There has been a request from the Woodrose Apartments, The Housing Company as well, for a capital housing affordability project and so with that maybe I will stop there, see if there is any questions that you have for me at the moment and, then, turn it all over to you and I'm here for questions as well. Meridian City Council Work Session July 19,2022 Page 4 of 25 Simison: Council, any questions for Dave? Bernt: I got one question, Mr. Mayor? Simison: Councilman Bernt. Bernt: Thanks, Dave. Got a quick question. Are we -- are we -- has it been confirmed that the biosolids drying and the bio gas construction projects fit within the parameters of the ARPA funding? Miles: Public Works has looked at that and as well as Finance. It does meet the guidance under the Clean Water and Safe Water Drinking Acts. Bernt: But as far as having those projects done and completed earliest does it fit within the phasing of when those dollars have to be spent is what I was asking. Miles: The timeline? Bernt: Yeah. Timeline. Miles: So, Mr. Mayor, Councilman Bernt, that's something that this next step helps them attain. They are trying to get the -- the design estimates, which would include your construction schedule and your closer budget analysis. What they have right now in my understanding is an engineering analysis. So, there is more work to be done and that's why they need to get the project going to get those things moving down the road in order to determine, yep, we can finish these things, we can do them. This is what it's going to cost hard line. Having an engineer estimate is a good rough assurance, but these are large capital projects. Without putting pencil to paper you can't really say emphatically. So, I don't want to give you an absolute yes or no. Bernt: Mr. Mayor, follow up? Simison: Councilman Bernt. Bernt: So, what does that look like with regard to -- well, I guess what does that look like when --when --when will those figures be in hand and when will we know if these projects are going to work or not? Miles: And we can verify with Public Works, Mr. Mayor and Councilman Bernt, but I would certainly say by the end of the calendar year you will know where those projects are. You know, is there a major roadblock or an off ramp needed for those projects. Bernt: Okay. Hoaglun: Mr. Mayor? Meridian City Council Work Session July 19,2022 Page 5 of 25 Simison: Councilman Hoaglun. Hoaglun: Question for Dave. We have the fiber connectivity for a half a million dollars in -- in ARPA funds and, then, in the action items we have two items that are related to fiber from information technology. Those are not the same. Those -- those are budget amendments we are going to decide coming up and the fiber connectivity in ARPA funds are -- there are other projects they can do. Miles: Mr. Mayor and Councilman Hoaglun, I will let Dave Tiede, because he is here, speak to those two, but those are two of the projects that were on that original list of needs and I think it really comes down to what bucket of money does the city want to fund those projects, the needs today that have to get done. That's why they are here for a budget amendment. Regardless of whether a budget amendment is approved, they can also be funded by ARPA dollars. But I believe they are -- Simison: This is 210 of the five hundred thousand is on your budget afterwards. I was just like -- you know, it's -- these are projects that are moving forward, so if you -- it's a way to fund for something that's, again, authorized under ARPA. Hoaglun: Thank you, Dave. Miles: Okay. I'm here for questions if you guys want to -- Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I will just kick things off just to -- I -- I think there has been agreement about biosolids. Councilman Borton -- or I mean Bernt asked good questions about that for biosolids at the five million, the bio gas. We have, of course, compliance consulting and, then, the police-fire station cost. I think we have agreed to put that into these funds and, then, we have the fiber connectivity and -- and that left a few dollars, so I -- I just thought I would throw out a couple things just for discussion purposes and -- and see where we want to go with them. One of the things we have been educating ourselves on and -- and wrestling with a bit is affordable housing and I want to make sure I make the distinction. There is affordable housing and, then, there is housing assistance, so -- and sometimes I notice in the media that kind of gets put together. We had a request with Woodrose Apartments and for-- from assistance and it is affordable housing. It is housing that is for people who are -- they are working folks, they are just -- our rents have risen so fast and so quickly they may not be able to afford what's out there in the marketplace right now and -- and I view this -- I'm going to throw out a number, but I view this as -- as a one off. One time we are educating ourselves on what is affordable housing, how do we participate. I know Council Woman Perreault has been doing some work and is going to be educating us further down the road on some -- on some things. We will probably have a process set up to do affordable housing items. So, this is not how we are going to do it in the future, this is just a one off for right now if this is what Council wants to do. So, Meridian City Council Work Session July 19,2022 Page 6 of 25 Woodrose for the nine percent tax credit for 46 units, they are looking for 552,401 dollars from the City of Meridian to go into that and we have seen a calculation -- development manager for the housing company has sent a sheet that showed how that all works, how they make that project work and that gets them four points on the tax credit application. Those things are competitive. That would give them the maximum four percent. There is no three percent. I asked, because the contribution of 259 gets two points. Now is that enough to get them to win one -- of those grants or not? You know, that's -- that's the unknown. So, looking at this we did have --from what we have already identified in phase one and phase two, we had 1.37 million left over. So, at 552 that leaves us 817,000, roughly, and, then, I want to talk about housing assistance for that. So, I -- I'm just thinking for this project that's ready to go we -- we do the 552. Now, whether -- and -- and this would be for -- would go to the impact fees. Yeah. We are waiving impact fees in that amount, but those impact fees still have to be paid. So, one time deal for that and these are ARPAfunds, it's not General Fund dollars as well, because General Fund dollars, that becomes a whole other different ball game and -- and so since we have these funds available that we would use 552,401 for -- for that. Then for housing assistance, again, the number to throw out there -- we have talked about budget wise for one institution is 250,000 dollars of -- for the next budget year. 250,000. What I'm interested in doing is we allocate 250 dollar -- 250,000 from these ARPA funds for housing assistance, but, then, there would be an RFP process for those funds for housing assistance. Now, is it Jesse Tree? Is it someone else who wants to use those funds? Mayor, I -- I would assume your departments could set up a process to -- to make that happen. Simison: I -- I do. You know, using the same process we used for CDBG, we can go through and -- and take in proposals for whatever specific purpose that we want to do. If it's assistance and I have told other Council Members that, you know, we would work with staff to make that happen and do it expeditiously. Hoaglun: Okay. And so that would leave us -- if -- if we were to go down that route, 567,000 dollars -- so, just over half a million, we know as -- as Dave pointed out, when the engineers have an estimate and, then, once design comes back and there might be an estimate, we have to be prepared to have some wiggle room I think for -- if it's going to be a little bit more than what was anticipated. I don't know. But, anyway, that's just to kick off discussions. I think we agree on phase one. Phase two I think we have to address the Woodrose Apartments by August -- I want to say 5th. I could be wrong. At least make sure they know what they are getting, if anything. So, that would be the 552,401 and, then, the -- for housing assistance, instead of General Fund we would use ARPA funds in the amount of 250,000 dollars for -- for housing assistance through an RFP process. Simison: Councilman -- and just to be -- your recommendation would be to remove that from the budget when it comes forward in our August meeting, so that reduce that by 250? Hoaglun: Yes, Mayor, that -- that would be my intention. Simison: At least for the purpose of -- Meridian City Council Work Session July 19,2022 Page 7 of 25 Hoaglun: Yes. Simison: -- we won't decide until then, but that would be your intention? Hoaglun: Yep. Thank you. Simison: Councilman Cavener, it looks like you were -- Cavener: Yeah. Thank you, Mr. Mayor, Council President Hoaglun. Thanks. This is bringing up a new wrinkle in the brain, so I appreciate it. I have been, as you all know, very reluctant to move forth on -- on anything related to housing affordability, housing attainment, affordable housing and I appreciate the -- the nuanced distinctions between those. But your request that you brought forth today, Council President Hoaglun, I think is-- is worthy of--of merit and it--for me I -- I look at it a lot how when we have businesses that come before us with, you know, they are creating jobs or other nonprofits that have come before us, we, as a Council, said let's consider that. I think couching it around impact fees is probably an appropriate step one that I could get behind and I don't --what I like is that it -- it also gives us some freedom to develop a program long term and who is to say that not -- a year from now some other organization comes that's doing housing, maybe make a similar request and we would take that up whether we would do this or not. So, I -- I -- I like what you are proposing. I think I could support it. My only question would be, then, with the -- with the impact fee waiver for the Woodrose Apartments and, then, taking 250 and using it with an RFP process, what would be a -- you know, if Mayor or Council President, if you have a proposal for the remaining funds I would almost say maybe instead of 250 making it 500,000 dollars for the RFP and that's something that, Council, we could look at on an annual basis how we would want to fund that, but I don't know if there is plans or thoughts or suggestions about the remaining fund balance. Simison: So, I will give you my two -- two cents in this context. What was kind of mentioned before. Some of these projects may come in more -- Cavener- Okay. Simison: And so it leaves a little bit. But if you recall, just using Jesse Tree as the example, they were asking for 250,000 for consecutive years. So, if the -- once we start to get the project costs, we may know the next year we could run another RFP for additional funding through that process. If that's what Council decides they want to do from there. But it -- to me it's first wiggle, but we also have, if we need to, the Police and Fire wiggle. Like if -- if the biosolids come back seven million dollars more than we anticipated, as an example, do we still want to do that project. Well, maybe it eats up the rest of this and a little bit of the -- what we put aside Police and Fire, so that's a little less. So, I see that as a big area where we can do it, but that would be my suggestion. Do what Council suggested for the year and, then, whatever is left over we still have next year, FY-24, to apply those funds, because we really have to FY-26 to have everything expended. Meridian City Council Work Session July 19,2022 Page 8 of 25 Cavener: Maybe Mr. -- one just -- Simison: Councilman Cavener. Cavener: I appreciate your willingness to have staff kind of support this -- at least it is a conceptual plan at this point, but I think that's -- that's such an integral piece is that you feel confident that our staff can manage like we manage the CDBG and that you are supportive of that -- to me that gives me greater confidence in wanting to move forth with at least what Council President is -- is suggesting. Simison: And I will ask Mr. Miles to respond to that, because I'm pretty sure -- I know he's had the conversations. Miles: Yeah, Mr. Mayor, Councilman Cavener. It's like anything else, we can make it work. We would use the --the Neighborly software system, which I think would streamline a lot of the effort. We can easily identify who has got the interest and access and the time to evaluate the applications that come through. I have talked with Crystal in the past. The system can be utilized for that purpose. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, a couple of questions in the details and the numbers. I know that The Housing Company is planning on adjusting their project some, lowering the units down a little bit. Is that -- is that the difference between the -- the ask of the entire cost of permits, which I think is in the high 600,000 range and the 552 that they recently requested? Is the change from lowering the number of units or is -- is it because they found other funding that that's -- you know, that's kind of the final amount that they are looking for? Do you know whether -- you know, what the situation is with that? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah, Mr. Mayor, Council Woman Perreault, yes, they did go from 52 units down to 46 units. They took out one six-plex building and it -- according to the information I saw was due to funding limitations on the tax credits. There is a per max -- per project max that we are exceeding with the 52 units. So, that keeps them within the compliance for the -- in -- in the running for the nine percent tax credits, so -- and -- and -- and they were aware -- the 1.35 million dollars for their original request, they -- they knew that was -- that was out of reach for us. It was -- it was a stretch. So, this way the 552 number generates that four points on the credit application and that's I think important, that we could at least go there and, then, see what happens and it could be -- and it's so much competition, if they don't get it and, then, they are at 552, then, that comes back to the Meridian City Council Work Session July 19,2022 Page 9 of 25 city -- again, to Councilman Cavener's item, that, okay, we can move around and -- and do some things with. So, that's -- that's my understanding of it. Perreault: Mr. Mayor, a follow-up question on that? Simison: Council Woman Perreault. Perreault: Thank you. So, I know when I had -- had spoken with Erin -- or maybe during one of her presentations she had said that, obviously, impact fees need -- need to stay whole. We can't waive those. But we can waive possibly some of the building permit fees. So, is that -- is that 552 waiving what we can or is that a credit to them and -- and, then, they just take that and go through the -- the normal process? I just wanted to make sure I understood how that will play out. Hoaglun: We can waive impact fees, but not permit fees. That's my understanding. And Bruce Freckleton is here and he's -- he knows -- is that right? Simison: Just the opposite. Hoaglun: Oh, the opposite. Okay. Okay. We can waive permit fees, not impact fees. Okay. There we go. Got it. I knew -- yeah. I was close. We can waive one of the fees and not the other one. I should have said it that way, but -- so that -- there was some calculations done and I think that -- if it -- it may not waive all of them. I'm trying to remember the conversation, but for purposes of the application that gets them the four points with the 552 and Bruce and Erin are here, so if you guys -- I wouldn't mind having you weigh in on that to answer that question, because I am -- I don't have the ultra details on that. Freckleton: Mr. Mayor, Councilman Hoaglun, Council, historically when we have waived permit fees it's been the -- the soft cost. As you know, we have hybrid models where we have outside consultants that we pay to do plan review and -- and some inspection services and those are hard costs that we -- we don't waive and so I -- I think we did put together an estimate early on in this process. I don't remember the number off the top of my head, but that is something that we can dig up and -- and come up with that number again. Simison: Kind of related. So, the overall project valuation, that's what impact fees are based upon is on the valuation of the project. Freckleton: Correct. Simison: Lumber prices are crashing. The housing market is going down. I assume that will have an impact on the valuation. When we get to the point of time of pulling a permit, you know, we could be three months from a permit, six months from a permit, you know, we don't know what the valuation will be at the time the permit is pulled. So, I guess one of the questions I wanted to ask from a practical standpoint is if Council just wants to Meridian City Council Work Session July 19,2022 Page 10 of 25 waive whatever the impact fee number is. That could be 350. That could be 850. Whatever at the time of application -- or if you want a hard number in -- in the impact fee side of the conversation I think that's an important distinction for everybody in the room to know and hear. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Good point on that and I guess for me I would be comfortable with a not to exceed amount. So, perhaps a -- a ceiling of some sort and whether it's 552 or -- or some other number -- so that way if it's lower, great, those that are receiving have full clarity. Hey, we are here to cover these specific costs up to whatever the -- the cap that we as -- as a body establish. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor and Erin, I know that one of the numbers I saw early on, the total was 679,048, but it was -- I think that was with the other building in there. So, by going to the 46 unit it came down to the permit fee cost was -- the calculation came out to 552. Is that correct? Okay. She's in the audience and saying yes, so --the 552 number seems to be the correct one. I -- I kind of like your suggestion, you know, of-- I don't know if we do like 600,000 not to exceed and that way there is -- if it came to 558 we don't have to make changes or anything, but 575 -- 1 -- 1 don't know. But anyway -- Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: If it's a 552 number and if they can't come up with eight grand I think that's, you know, a little bit of a problem on their part, so that's -- Simison: Okay. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I agree. Sounds like a plan. I think that makes a lot of sense and super excited to see this move forward and, hopefully, be an awesome addition to City of Meridian. So, I'm looking forward to seeing how this goes. And it's possible, I suppose, that there will be cost adjustments and we might see -- you know, we are not going to see that much of a lower number on our side, but it may mean that it will be more beneficial for them and the overall cost by the time they get started with the construction. So, my one other Meridian City Council Work Session July 19,2022 Page 11 of 25 question on this -- not specifically related to Woodrose, but to our other conversation regarding running the applications through -- similar to our CDBG process -- obviously, the criteria for that program comes from the federal government. Are we going to be designing our own criteria for those applications and what does the time frame possibly look like for that? I know that Jesse Tree is going to run out of their federal funding for the program, the emergency rental assistance program that we discussed about at the end of September. So, I didn't know if there was a plan of trying to get that in place that quickly or what the -- the timing would look like on the application process and kind of who or how will the criteria be designed. Miles: Mr. Mayor and Council Woman Perreault -- sorry. Hadn't thought about that, to be honest with you. It was sort of an open conversation to you all. I think certainly there is what I will call security in following existing guidelines. It always helps when something's built in place. So, if the program is falling federal guidelines and you are all comfortable with those, which we can pull up and share and certainly discuss if you want -- that's an avenue to go and it would in my mind be quicker and easier to follow something that's already in existence, rather than designing something on the fly or on our own. That's an opinion only though. Simison: Yeah. And -- and we have not had conversations with staff to say that we want to -- you know, the only conversation I have had is about limiting it to rental assistance programs and that we would try to move as expeditiously as -- as well as we can. So, not opening it up to anything eligible under CDBG, we are just going to focus on the housing rental assistance element that I was -- you know, we -- we can have that for a future conversation with Crystal. We can bring it back and if this is the direction Council wants to go, if there is any input into this, because, obviously, we don't have to follow the CDBG guidelines based upon what those are, but we can, then, know if this is the desire of Council to do this we can have Crystal come and have a conversation about what that would look like and make a proposal and get feedback on it. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I -- I hope to stay involved in that process with the Mayor and Council President's, you know willingness. The -- there are only a few organizations that offer specifically emergency rental assistance in the valley, which is where you call up and say, hey, you know, I'm going to be kicked out of my place or I lost my job or something and I have two weeks to find -- there -- there is another part of assistance that is like I need to move, because my -- the owner of my building is selling the building and I can't come up with a security deposit to get into another location. That's not technically considered emergency assistance, but it's a similar type of concept and so those are the sort of things that I'm hoping to chat with Crystal about and kind of see -- it is still an assistance based thing, it is still something that's somewhat of a short term, one time help and it's my understanding of my conversation with Jesse Tree that that's a -- about 90 percent of their requests is really just like one time stuff. They don't have a lot of -- of Meridian City Council Work Session July 19,2022 Page 12 of 25 multi-month type of support. So, yeah, I -- I -- I would love to be involved with that with staff if there is an agreement to do that and kind of help put some guidelines together for it and, then, maybe present to Council some options for how we make that decision. This isn't the time I know to decide that, but -- Simison: Yeah. And I -- and the question will become -- if Council is going to be the ultimate arbitrator on what is selected, do we want to have you building the toolkit? I think I want feedback. But I think that's -- that's part of the question, as compared to leaving it. CDBG is a little bit more -- other people make that decision. So, I think we can have that conversation, but, yes, we definitely want that feedback one way or the other, just was not -- you are actually in the weeds per se. Miles: And, Mr. Mayor, one comment to add on the -- what threshold -- what dollar value to -- to fund. Is it 250,000? Is it 500,000? 1 think one of the components -- if you -- if you use Jesse Tree as an example where they ask for multiple years of funding, that model --there have been instances of agencies that are struggling to spend COVID money quick enough under the CDBG guidelines. So, certainly, taking a year-by-year approach could help us in that regard to see what's performing, what's working, what's not and, then, consider future years if that's the desire. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I wouldn't mind hearing from Erin from The Housing Company, just to make sure we are on track and we don't get numbers out of -- out of whack here before we charge forward. Anderson: Thank you, Mr. Mayor, Members, Chair. Thank you very much for the opportunity. I appreciate that, because I'm just kind of trying to follow as -- as closely as possible to what's been discussed so far. But I -- what I'm tracking is the -- we -- we did remove one six-plex building and that actually brought the building permit fees and impact fee total down to 591 ,000, not 516,000 -- or 560,000. The gap was the 560,000 once we had reduced the unit count. So, I wanted to clarify that. The other thing is that of that 590,000 permits and fees, I don't have a breakdown of the hard costs versus the soft cost that was described by Mr. Freckleton. So, I'm not sure what the amount is that qualifies for a reduction. So, that's something that is a question I still have, because that hasn't been conveyed to me what that amount might be. But we know it's a portion of the 591,000 and our gap being the 560,000 could comprise of a combination of waiver of fees and other capital contributions, depending on how you see fit. And so I'm trying to follow exactly kind of where you are sitting, but you were talking about waivers of fees and that's certainly one avenue to go, but I think knowing that not all the 591 ,000 would qualify because we can only request a waiver of permits, not impact fees, my guess is we wouldn't get to 561 . 1 don't know what the number is. But just -- so, it sounds like we need to -- there is still some stuff we have to work out on how that -- what that amount is Meridian City Council Work Session July 19,2022 Page 13 of 25 on the impact fee -- or rather the permit fee waiver. But the 560 is what we needed to get the four points. Simison: So, Erin, what I -- what I have heard from Council is not a waiver of -- the city's going to cover the impact fee portion using ARPA dollars. That is the only thing that's being discussed at this point in time up to 552,000 dollars, if that's what they end up being. So, not a waiver of building costs at this time. Anderson: Okay. Simison: That's what I have heard to this point. Just make it very clear. So, it's that one number, whatever that number ends up being up to a certain level in the process. Anderson: Okay. So, I will work with city staff to verify which portion of the total fee estimation qualify for that. Simison: It's just the impact fee number. Anderson: Okay. Hoaglun: Erin, you -- you mentioned the 560 number, as opposed to 552, and I guess it's one of those -- it's going to Councilman Cavener's suggestion that we go not to exceed. So, if we go to a not-to-exceed amount, is it 560? Is it 591? After you work with the development department it may come down that -- maybe it's only 500,000 that meets the four percent and that we can cover the costs on and whatnot. Is that -- which number is it? Is it 560? Is it 591? Or is it 552? Anderson: It's 552 was -- was the accurate amount based on the construction estimates, with the building permits based on current construction costs. Hoaglun: Okay. So, if we go 552,401 that -- and, then, you continue to work with the department and see what we can -- Anderson: Yes. Thank you. Hoaglun: Okay. Anderson: Okay. So, I will -- I appreciate that. Thank you very much for your consideration. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: And just as we are -- you know, we are kind of -- we are work -- we are in a workshop and we are workshopping. Meridian City Council Work Session July 19,2022 Page 14 of 25 Anderson: Yeah. Cavener: So, I know when you guys first came through with the annexation, there was a lot of confidence, you felt you would be able to do the project as is. I get market conditions have made it really challenging, which is why you are back asking for additional funds. So, in terms of-- of timing, if-- if other conditions play out that makes it more challenging or prohibitive for your organization to move forth with construction, at what point do you feel would be appropriate for the city, then, to ask if -- if those funds aren't going to be spent for whatever reason, to request that they are either -- we -- we don't spend them in that manner, we spend them on something else or that they are being returned to us. Help us understand kind of from your perspective what you think is appropriate, because this is -- this is kind of Council President Hoaglun's kind of initial comments. This is kind of a one off for us. Anderson: Yeah. Cavener: But it's really important for me that if we are doing this that it's successful. Anderson: Right. Right. So, the -- the timeline would be November is when IHFA makes the selections -- the project selections. At that point we would -- we would need to come forth before you and either request your consideration for us to reapply next year or -- you know. And, then, have you make a decision. Our intent would be to purchase -- purchase the property in October either way and our actual goal would -- if we aren't successful this year would be to reapply next year. So, we would have to come before you again and -- and you would have to consider that. But that's the -- that's the time frame. We will know if we are successful this year by November. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: And apologies, I was under the impression you guys already owned the land. You have not purchased it yet? Anderson: No. Not yet. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: One more question, Erin. We take this action in that amount, I think you have got to submit paperwork and applications. I think you had mentioned a letter would suffice in one of our meetings that -- if the city submits a letter saying this is what we would cover the costs on that would suffice for the time being for your application. Meridian City Council Work Session July 19,2022 Page 15 of 25 Anderson: Yes. A letter would be great with conditions about -- you know, about us being successful in receiving the funding, etcetera. Hoaglun: I'm sure the Mayor's office would be happy to guide you in that work. Simison: Thank you. Anderson: Any other questions for me? And thank you for your time. Thank you. Simison: Thank you. So -- so, Council, as -- Miles: Mr. Mayor? Simison: Oh. Go ahead. Miles: Sorry. I do think it's worthwhile hearing from The Housing Company to ensure that the timeline of the ARPA funding program can be met with the project, which was December 2026. We just -- that's a component to consider. Simison: And I think that's -- Erin, this is where I was -- where I was generally going. Ultimately my goal was not to bring this back in front of you anymore. We have got projects. You are going to see them as they come forward for funding. That we will track and monitor the process of these, look at the dollar figures, and, if necessary, make adjustments if they -- if The Housing Company drops out and it's no longer there, it's not going to happen or if for any reason we can't do the biosolids drying and, then, we are going to come back to you in that -- in those regards. So, that would be my intention is moving forward and the only one is if we need to do a resolution or an actual motion, Mr. Nary, if we are going to make a commitment to such as -- such as the -- for the housing fund commitment through a letter or is the letter contingent like we do on other things to the Council at the time, making that final decision, because that's ultimately -- they may not have the one on the far -- over here to be part of that vote in the -- in the future and it could change our dynamics. So, that would be my plan is from -- moving forward we are going to bring these back one at a time as they are ready for budget amendments or authorization and we will try to get through as much as we can and -- and leave the Police and -- we already know what the Police and Fire Station number is, but, ultimately, whatever we assign, it doesn't need spending authority. It has been authorized, it's just applying the appropriate number to the ARPA control -- the ARPA reporting process as we move forward with our compliance related to that. But the rest of them we will try to get real numbers. Does that work for you all? I don't feel like I need a resolution or a vote or a motion, because you will all vote on each one of these one way or the other. Bernt: Mr. Mayor? Simison: Councilman Bernt. Meridian City Council Work Session July 19,2022 Page 16 of 25 Bernt: The only--the only--the only thing that caused --that pauses me for--for concern on this -- on this project is just it needs to get done. We need guarantees and assurances that it's going to get done guaranteed by 2026 and -- I mean, yeah, I mean that's a really big deal. I mean like we all know that and so -- I was under the impression there was land purchased as well. I -- I -- it makes me a little nervous that this whole project is done and approved and ready to roll and complete by, you know, that time if -- Simison: I assume that they have a contingency to purchase the property, so that should not be delayed. But to your point, absolutely, the good part is is the impact fees aren't collected until they are in for an application. So, there -- there will be no money -- the -- and if at that point in time if we don't think it can be fulfilled we will have to -- we will have that conversation, so -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: To that point, then, if a letter gets going out, I assume you or staff will send it to Council before it gets mailed out, so that we have got a chance to review and make sure the things that I think have been kind of captured today that have been formalized in the letters, so there aren't any surprises for -- for -- Simison: If you would like to review it. Typically we just have legal prepare it to cover all our bases based on the conversation, but I'm happy to send it to Council for review. Cavener: Well, I have no doubts about the capacity or the competency of our Legal Department, they are way better than me. I think because this is kind of a unique situation I would like to maybe just see it before it goes out. It just would make me feel a little bit better. Simison: Okay. Hoaglun: So, Dave, you have the numbers. Any -- any other numbers that we need? Miles: Got it all and I got YouTube to help me, so -- Simison: I -- I think we have got a path forward, knowing this -- this may not be the end We -- we -- we very well may be back in three months, six months, or a year on any individual item, but if we can start moving it forward. Bernt: At least we know we have fire stations, police stations and a golf course that would gobble up this money in two seconds if it was there. 17. Information Technology: Fiscal Year 2022 Budget Amendment in the Amount of $62,000.00 for Fire Safety Center Fiber and Conduit Meridian City Council Work Session July 19,2022 Page 17 of 25 Simison: Amen. And in some cases we got fiber projects, which are up next and they are ready to -- they are ready to go to work as well, so -- okay. Thank you, Council. Next item up is Item 17, which is Information Technology fiscal year 2022 budget amendment in the amount of 62,000 for fire safety center fiber and conduit. Mr. Tiede. Tiede: Good afternoon, Mr. Mayor, Members of the Council. Yes, I am coming here before you today with a budget amendment in the amount of 62,000 dollars for fiber and conduit for connectivity to the Fire Safety Center. That is the location off of Locust Grove in Meridian close to Fire Station 3. That is where our fire prevention and education division reside and they have been out there for roughly 17 years and over that time we have gone through a number of connectivity mediums to try to provide them the services that they need to be able to function and to do their jobs effectively and over that time we have gone through so many iterations of different ways of connecting and none of them provide the services that they need. So, we are at the point where we are providing this amendment as an option and a solution to the issues that they have and feel strongly this is the direction we need to move forward for them to continue to function at that facility. So, with that I will stand for any questions. You, obviously, have a memo in front of you and the budget amendment itself, but that's where we are at. Simison: Council, any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Seeing no questions, I move approval of the fiscal year 2022 budget amendment in the amount of 62,000 dollars for the Fire Center Safety -- Fire Safety Center fiber and conduit project. Cavener: Second. Simison: I have a motion and a second to approve the budget amendment in the amount of 62,000 dollars. Is there discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries. The item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. 18. Information Technology: Fiscal Year 2022 Budget Amendment in the Amount of $150,000.00 for Lakeview Golf Course Fiber and Conduit Simison: Next item up is Information Technology Fiscal Year 2022 budget amendment in the amount of 150,000 for Lakeview Golf Course fiber and conduit. Mr. Tiede. Meridian City Council Work Session July 19,2022 Page 18 of 25 Tiede: Thank you, Mr. Mayor. I'm back again if you didn't notice. So, this budget amendment is also to provide fiber and conduit, but to the Lakeview Golf Course, which the City of Meridian will be taking over operations this fall. We feel like this is needed due to the various services that are needed at the golf course. Currently they have a mash- up of services they have been working with over the years. We went through and vetted these with them and talked about options about a year ago -- just over a year ago and found that there was a lot of deficiencies. They ended up outsourcing and hiring an IT firm to go in and address some of those, but many of the issues still exist, because it simply needs connectivity. So, we feel like this is key to providing services out there for IT, Finance, and the staff that will continue to manage the golf course. I believe that also the restaurant that will be going there will also be using the connectivity that we provide for their point of sale systems, even though the city doesn't provide that directly, they need this connectivity as well. So, again, all this is in your memo and the budget amendment, but that's what we are here to request, to provide regular -- basically regular city services that we would provide to all -- at all other city facilities to this new location, so I will stand for any questions. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Dave, appreciate you bringing both of these to us. I think it's important to provide consistency, same level of service to all of our city-owned assets and resources. I know I kind of gulped a little bit when I saw the dollar amount, but I appreciate Dave kind of walking me through the whys on some of that. So, with that I'm happy to move that we approve the budget amendment for fiscal year 2022 in the amount of 150,000 dollars for Lakeview Golf Course fiber and conduit. Hoaglun: Second. Simison: I have a motion and a second to approve the budget amendment in the amount of 150,000 dollars. Is there any discussion on the amendment -- or on the -- on the motion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. Tiede: Thank you. Meridian City Council Work Session July 19,2022 Page 19 of 25 19. Mayor's Office: Districting Update Simison: Best of luck. So, item -- Council, next item is the Mayor's Office districting update. I'm going to go ahead and read my notes on this. I -- I tend to like to go a little bit more off -- off the cuff, but don't want to screw anything up in my comments, so bear with me from that standpoint. But early in 2022 the City of Meridian created a process for the establishment of city council districts in accordance with the Idaho State Code. That process included the appointment of a districting committee to create six city council districts. The districting committee performed their job in a way that they were asked to and put together boundaries of districts and did not take into consideration locations of current city council members or the terms of people elected. This enabled them to so -- be solely focused on creating equitable boundary of the districts. I knew once we -- once we created the districting commission that once completed it may be necessary to align their work with the recent city council election, so as to best fully implement city council districts in the City of Meridian from the recent election to reflect the will of-- of the people from that election. In choosing how district numbers were assigned on the map and existing City Council Members were assigned to those districts, it created a situation where the city would not be able to fully implement city council districts until the 2025 election. However, by redesignating City Council Seat One to Seat Two and Seat Two to Seat One, the city can fully implement the new districting beginning in 2023 where every district would have someone who lives in that area be represented on City Council. If we were to make this change it would align all three of the City Council Members who were just elected in November 2021 to the districts in which they currently reside, providing the residents of those districts with a sitting City Council Member who would be their Council Member. Further, it allows the remaining three districts to elect their City Council Members in the 2023 election, so each district in the city will have an elected City Council Member in their district which meets the intention of the Idaho State Code. If this change is not made it will create a situation where at least one district would not have an elected City Council representation until 2025 and potentially have two City Council Members elected who both live in District One. Making this change in no way alters the terms of the current City Council Members or boundaries of the six districts as established by the districting committee. It only redesignates the numbers assigned to two seats. There is no other substance of change. I appreciate the fact that this -- this issue was not addressed by the districting committee, because it tells me they did their job correctly. As Mayor, however, it is my responsibility to ensure that we are implementing the laws of the state of Idaho and this change does that in my opinion and allows us to -- to be in compliance with the spirit of the law as quickly as possible. Further, this change takes into consideration the realities of the November 2020 election and aligns that election to our reality moving forward. Council, I will be happy to answer any questions and we have Legal here as well, but it would be my intention to bring forward a change to our ordinance next week and take public comment and have a second reading on August 9th and a third reading with public comment on August 16th regarding this proposal. This would complete our process and allow us to implement our districts one year before the filing period, which was my goal, and, then, we can -- and, then, we can begin communicating the map, the changes, and districts to the community, as well as who their assigned Council Member is through this process. So, with that I would be happy to take -- answer Meridian City Council Work Session July 19,2022 Page 20 of 25 any questions or Mr. Nary can also do that, but I -- I think that this is the best way moving forward, so we can fully implement this process as soon as possible. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Just to confirm, did you say that we would open up this to a public hearing just to make sure that there was a -- okay. Good. Simison: Yeah. And I would intend to have two public comment period -- Bernt: That's good. Simison: -- on this option. Bernt: Right. That's -- I --you know, I -- I can speak for I -- I believe every Council Member on the Meridian City Council saying that we purposefully were, you know, way far away from this and this is probably a direct result of -- of -- of us not probably paying close enough attention to the details prior to us passing the resolution and I don't know, I -- it is what it is. I -- I -- Mayor, I want you to know that you have my support in this. I -- I think that doing this is -- we are not -- we are not gerrymandering any -- any lines. The lines are exactly the same. The process is exactly the same. The only difference is we are -- we are just -- I'm taking two district numbers and swapping them and -- and -- and I don't know, is it -- it -- was it a perfect process? Probably not. But I believe it was completely above board and the process going forward will continue to be above board. So, understand the intent. I understand the reasoning. You have my full support and thank you for bringing this to Council today. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I would like to reiterate what I thought you were communicating, because it's the first I have heard of this potential change. So, my understanding is this -- that the intention of this is to make sure that currently every district, since the districts have been approved, is -- has a representative in that district. That's kind of -- so, that -- that -- that starts now versus waiting until 2025 to have a representative in each district. Is that what the intention is? Simison: The intention is to -- because we just had an election and when -- when the -- the seats were assigned it's aligning the Council Members who are just elected to the terms which will not be on the ballot in the 2023 election. So, the three seats that just happened would -- would be in that and it would allow all the other three seats to be on the ballot in the 2023 election. If we don't take this action not all the seats -- we -- we will have some seats in the city where nobody is on the ballot in 2025 and we will run an Meridian City Council Work Session July 19,2022 Page 21 of 25 election and, then, I will assign somebody to go represent that area, because they are -- there won't -- there won't be an election in -- right now under the current situation -- under the current scenario District Two will not be on the ballot until 2025 and so no one in that -- no one would be able to be elected in 2025 from that area because of how the seats are staggered. But if we make this change it -- and I know this -- your first just hearing about this. I think that this is a -- a great conversation moving forward and it may require a little bit more explanation. You just heard my words from that standpoint, but we have two options. We can either fully implement districts by 2023 by switching the numbers -- just the numbers on two districts or we won't be able to fully implement elected representation by the people to districts until 2025. Otherwise, we could accomplish that by 2023. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Council Member Perreault -- again, digesting this in -- in real time, so I appreciate you being thoughtful, though, that even in proposing this to build a good framework to allow public feedback, I think that's really really important, even for this to even be considered to be proposed. This would be one that I would want to spend a lot of time really contemplating. I would want to hear a lot from our citizens about their thought. To Council Member Bernt's point, we all collectively said we are way more than an arm's length away, which was appropriate. I think many of us said -- whether it helps me or hurts me, however it's going to be rolled out, we are going to support what the committee brings forth and -- and I know that was a commitment that I made. Whatever the committee brings forth I'm going to support. This is a small change, but a substantive change I think from the public standpoint. So, I -- I -- I'm supportive of moving forth with the public hearing process, but also trying to be forthright that I'm -- I'm not quite sure that I'm going to be in support of the recommended change until I have an opportunity to really digest and hear from our citizens. Simison: And I appreciate that and there was -- there was comments made that they had -- Council didn't want me near this process either. Had I invested myself this would have been something I would have said, please, go address our last -- but it -- it didn't. We all stayed away. We let them do their process. I have conveyed this to at least one member of -- of -- of the committee and -- and let them know and -- and he said he appreciated that. He thinks it's appropriate from his standpoint, but he doesn't -- he doesn't speak for the committee from that standpoint and I would invite them to -- I don't -- I don't know that they had a process, other than starting in one corner and going around when they assigned -- assigned numbers to the map. So, it-- if they would have started in a different direction we would be -- who knows what conversation we would be having. We could have three people and -- that were just elected that were assigned to seats that they -- they would be up -- they would have to choose to run in a different district next year, you know, by luck of the -- by luck of the numbering and that's what it was, it was a numbering process that got us here, not a -- what is the reality that we are currently in related to that. But I appreciate it and I -- I'm glad that the press is here, because I -- I -- this was one of Meridian City Council Work Session July 19,2022 Page 22 of 25 those things after we had this conversation I had planned to reach out to the media and have the conversation, because I -- I do think that this is the right way for the city to approach this, because it reflects the will of our last election and it implements districts fully by the 2023 election. Otherwise, we will -- you will have a situation where I -- I will probably be assigning people to districts. You may have a position where I'm appointing people based on how people decide to run and if we leave it the way it is and I would much rather have the citizens elect City Council Members than me appointing Council Members with your consent, but that's not to -- when you have an opportunity to rectify that situation I would much prefer we move forward with that from that standpoint. But I'm happy to have conversations with you all if you have questions. Legal can -- can help explain any questions and we will have public comment on this as well. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I think what would help me is to have a presentation on what -- what it looks like now and, then, what it will look like -- I -- maybe I just need a visual or something. It's just not clicking in my head exactly how this is all going to play out, because I thought I understood kind of how it will play out with the elections with --with how we have approved the district. So, perhaps -- I don't know if this is the appropriate time or -- or later -- just an explanation of what was expected to happen the way we have it now and, then, how that would look different with the seats and, then, the years that this would be elected in. Simison: It looks like Mr. Nary wants to speak. Nary: Oh. Mr. Mayor, maybe I -- maybe I can help -- I don't know, but I'm going to try. Let's see if I can do this. Okay. So -- so, here is the districts as they were approved. So, this is how they were approved and the committee -- in speaking with Kurt Starman, who is the deputy that handled this for our office, the committee did not choose -- did not know where any Council Member lived, did not look at that at all. Did not concern themselves with that. But also did not specifically pick the direction of this. I mean it was simply they started on the left and went one, two, three, four, five, six. They just went around in a circle. Simison: Or did -- or did they? It doesn't look like they followed a specific pattern to me either. Nary: Yeah. I mean it -- it goes this way -- the only thing that -- and if you remember the Chair Woman Greer stated the only thing that she felt was really important that she sort of pressed forward is to be sure that two of the districts covered the south. That's --that's her only real desire in how they work. But whether it went one, two, three, four -- one, two, three, four -- I mean there really wasn't an intention on it had to be this way. This is the lines based on the math of the population. So, you are all elected by seats, not by districts. So, you all have seats assigned one through six. Normally our election cycles have been one, three and five in one cycle, two, four and six in the other cycle. So, when Meridian City Council Work Session July 19,2022 Page 23 of 25 we did this all the assumption was is we will just put all the Council Members in the corresponding districts that match the seats that they already have. What the Mayor is proposing is none of this map changes at all. So, it doesn't change any of the lines. The only difference is Seat Two is the currently incumbent Council Member that's election -- it doesn't go up until '25, would now be in the District One that would correspond with the same election cycle, because that was the intent. So, we are switching the seats, not the districts. State law contemplates that you can assign seats to Council Members. So -- so, a Council Member that is currently in Seat Two would come to Seat One. Seat One would go to Seat Two. The only change, then, would be in the 2023 election. Seats Two, Three, and Five would be up for election, because that would be the expiration of their term. Then in 2025 Seats One, Four and Six would be up for election, because that's when their terms would expire. This doesn't pick any winners. It -- it does put existing Council Members in the districts where they reside and the other districts have -- some have Council Members that live there that can run or not and they have some don't have any Council Members that live in them currently at all. So, it -- it was intentional to stay out of that business at the front end. This does rectify it and actually, as the Mayor stated, fully implements districting as intended by state law by the '23 election. Simison: Again there will be time to digest and ask questions and hear from the public on it and I'm happy to spend more time directly with anybody if necessary and as is Legal, but that's been my -- you know, I -- I -- I think this process will -- when --when you -- when you see it you will understand that it -- it reflects the will of the people from the election. It aligns Council Members with the districts that they live in and it lets the other districts that don't have Council Members -- the ability to elect people that will represent them in the next election, as compared to having people not be able to run in that area and not being able to elect somebody and someone just being assigned to represent them for two more years. Yeah. That -- that will be -- that's some of the outcome. So, it's my intention that this will come back, like I say -- did I say next week? Is that what was -- what our -- our process? I -- I want to be -- you know,just because of--we --where we have National Night Out, we are missing meetings, I am not here on the 9th, but that's why we did not do public hearing -- or public comment on that day. That way Council can take public comment if they want, but I won't be here. I just didn't know, you know, as the -- as someone that this does not impact I want this to be the one -- me leading this, me hearing -- having the conversation with the public. It is my recommendation. It's not your all's. don't expect you to support -- you know, have that conversation back and forth with the community if necessary, but you are more than welcome to. So, that's why we -- the dates that were selected with the public's comments as well on the 16th, so -- more -- more to come. Or if it doesn't show up next week you will -- you will -- you will -- I guess we will have a different conversation then. But that would be the intention is to bring it back next week and, Mr. Nary, I'm sure we can have a more -- information shared in the presentation to Council and the public at that time. Okay. EXECUTIVE SESSION Meridian City Council Work Session July 19,2022 Page 24 of 25 20. Per Idaho Code 74-206(1)(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code Simison: So, with that Item 20, Executive Session. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move 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 discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (5:31 p.m. to 6:00 p.m.) Simison: Council, do I have a motion? 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. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it. We are out of Executive Session. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move we adjourn our work session. Meridian City Council Work Session July 19,2022 Page 25 of 25 Simison: I have a motion to adjourn. All those in favor to adjourn the work session, please, signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6:00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) By By Brad Hoaglun, Council Presidnet 8-9-2022 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Amity Storage Water Main Easement ADA COUNTY RECORDER Phil McGrane 2022-065018 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/20/2022 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE E T-2022-0200 Amity Storage WATER MAIN EASEMENT THIS Easement Agreement, made this 19tb day of July , 20 22 between Open Door Rentals LLG ("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 hereinaffex 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 wilt 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 ATTACIIED EXHIBITS A and B) e easement hereby granted is for the purpose of construction and operation of water mains aud their allied facilities, together- with their. maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto;that after making repairs or performing other maintenance,_Grantee shall restore the area of the 'easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, THE GRANTOR.covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished, THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfiilly 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. i IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR; STATE OF IDAHO ) ss County of Ada ) _ This record was acknowledged before me on_5-LL-LOLZ(date) by._L- -',�r11 (name of individual), [complete the following if signing in a representative cappbcity, oi'strike the following if signing in an individual capacity] on behalf of_ 2n QW Y- S, u•C-• (name of entity on behalf of whom record was executed), in the following representative capacity: n�k�es ____(type of authority such as officer or trustee) '0 •''' " �`� ��' Notary Signature % r :•�aa���u AUQ�� 4• My Commission Expires: } MY COMMISSION EXPIRES 8-5.2022 p 190 � ADAIR KOLTES Notary Public- State of Idaho Commission Number30062 [My Commission Expires 06-05-2026 i Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-19-2022 Attest by Chris Johnson, City Clerk 7-19-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 7-19-2022 (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 01/01/2020 EXHIBIT A 5awtooth Land Surveying, LLC 7��1. � P; {208) 398-810A F: {208) 398-8105 2030 S. Washington Ave.. Fmnmett, tD 836 17 Amity Storage — City of Meridian Domestic Water Easement i BASIS OF BEARINGS for this description is N. 0016'11"E. between an aluminum cap marking the southwest corner of Section 31, and an aluminum cap marking the northwest corner of Section 31, bath in T. 3 N., R. 1 E., B.M.,Ada County, Idaho. I An easement located In Government Lot 1 of Section 31,T. 3 N., R. 1 E., B.M.,Ada County, Idaho, more I particularly described as follows: COMMENCING at an aluminum cap marking the northwest corner of said Section 31; Thence S. 85152'46" E., 642.20 feet to the POINT OF BEGINNING; Thence N. 89020'31"E., parallel with the north line of said Government Lot 1, a distance of 25.97 feet; Thence S. 40°18'02" E., 7.00 feet; i Thence S. 0036'51'W., 27.65 feet; Thence S. 891108'18"E., 15,73 feet; Thence S. 0051'42"W., 20.00 feet; Thence N. 89008'18"W., 15.65 feet; Thence S. 0036'51"W., 19.95 feet; ; i Thence S. 23006'51"W., 9.32 feet; Thence S. 0036'51"W., 521.71 feet; i Thence S. 89026'08" E., 140.00 feet; Thence N. 0041'04" E,, 30.60 feet; Thence S. 89018'56"E., 20.00 feet; Thence S. 0041'04"W., 50.56 feet; Thence N. 89026108"W., 159.98 feet; Thence 5. 01036'51"W., 54.80 feet; i i Thence N. 89022'50"W., 20.00 feet; Thence N. 0036'51"E., 24.20 feet; Thence N. 85022'32"W., 15.45 feet; { i P: 2018118121-CITADEL 3 ALTA1Survey\Drawings\Descriptions\18121 citadel 3 water ease legal.docx f1 Thence S. 1026143"E., 14.36 feet; Thence S. 88033'17"W., 20.00 feet; Thence N. 1026'43"W., 15.08 feet; Thence N. 89022'32"W., 7.35 feet; Thence N. 78054'15"W., 192.90 feet; Thence N. 89022'32"W., 31.80 feet; Thence S. 0037'28"W., 16.05 feet; Thence N. 90000'00"W., 20.00 feet; Thence N. 0037'28" E., 16.27 feet; Thence N. 89022'32"W., 189.81 feet; Thence S. 0035'27"W., 131.97 feet; Thence S. 89009'42" E., 4.91 feet; Thence S. 0037'28"W., 20.00 feet; Thence N. 89009'42"W., 4.90 feet; Thence S. 0035'27"W., 53.91 feet; Thence N.89016'22"W., 65.99 feet; Thence N. 0043'38"E., 20.77 feet; Thence S. 89016'22" E., 45.94 feet; Thence N. 0035'27" E., 205.08 feet; Thence S. 89022'32"E., 263.45 feet; Thence S. 781154'15" E., 192.90 feet; Thence S, 89022'32"E., 40.98 feet; Thence N. 0036'51" E., 297.87 feet; Thence N. 89022'20"W,, 113.80 feet; Thence S. 0014'51" W., 24.27 feet; Thence N, 89045'09"W., 20.00 feet; Thence N. 0014'51" E., 24.40 feet; Thence N, 89022'20"W., 336.53 feet; Thence S. 0010'48"W., 12.20 feet; Thence N. 89(145'09"W., 20.00 feet; Thence N. 0013'19"E., 32.34 feet; Thence S. 89022'20" E., 490.46 feet; Thence N. 0036'51"E., 238.41 feet; Thence N. 23006'51"E., 9.32 feet; Thence N. O036'S1"E., 56.16 feet; Thence N. 40018'02"W., 16.11 feet to the POINT OF BEGINNING. The above described easement contains 1.011 acres, more or less. 11574 slo f�. ✓Fri������� P:\2018\18121-CITADEL 3 ALTA\Survey\Drawings\Descriptions\18121 citadel 3 water ease legal.docx 13 EXHIBIT B 25 30 E.AMITY RD. r- 1119.-48, -------- WJ116 1100 ,2e 1,011 ACC LJ co Al 0 0 '2 57A. irt.or �A' im f uj S 8P22'20"E 490.46" tiles � � - �______^___._._____..._..__...._ ....____.---___-•_ - N TS L34 Ll w L31 113.80- I I 1-4 Lu 10 LIO o 6 8902232"E 263.45' ► 140.001 iyo Vic N 89"2232 9 L29 1 W� ap 7 J 4 2 6 7je W'151�9. L19 L15 L22 11 IN I ,P-1 rl .I of L24 QW-TAKE LINE TAK car �f LINE RING DISTANCE LINE BEARING 1915TANCE 12 _Tl_ 89G2031"E 25_.97' L20 N 89022'32"W 31.60' 1126 TY_ Tr_E_700' L21 §-00037129"W T6705—' L28 5 0003527"W ff--�0-0-36-r5-1'-r_W 2_ r W S69008'18"E 15.73' ff3—NO 0 03 728"E 16—.2;" =5 ��001'5�JLQ�" L24 5 B900942"E 15L 20,00' 4.91' N 89016'22"W L6 N 89'08'18"W 1-5,6Y _ t25 S 0613778"W 20,00' 65.99' 19.95, L26 N 89909-12".W 4.90' L8 9,32' L27 N 00043'38"E 20.77' C9—N00041'04"r 30.60' L28 _S6_9Ti6_'_22_"__E 10—3_89D22'3_2'l_E_40,96' L10 ;Z0,00' TJ—1 '§—of)Q41'04"W 50,56' 24,27' 36 E.LAKE HAZEL RD. - 00 — L12 500-36'51"W 54.LO L31 N 69-45'09"W 20,00' f��61 " " - ' " 00; I L13 IV 89,22,501,w 20, 132 N 00*14'51 24,40' '-94—.20' L33 SO0QJO.M9".W 1220' 0F jr"6 2 FW 75�,45' L34 NB.9'4!i'Oq"W 20.00' 1-16—3-6P62-6,4PE R-jY­ L35 NOOG13'19"E 32.34' 1-17SWIM17" U6.0_0' U-6-V_2FQ_J5'5,V'6 9,32' 11-6 lRol"26"13"w 15 08, _ff;V­V0_0036r5_f"__E_56,16' PROIECr. OWNERIDEVELOPER; owG# 2030 S. WASHINGTON AVE, 18121-EX WATER NO,3 EASEMENT EMMETT, ID 83617 GOVERNMENT LOT I CONGER P.- (208)398-8104 PRO)ECT# SECTION 31, T.3 N,R. I E, 8,M,, F. (208)398-8105 18121 ADA COUNTY,IDAHO SHEET DATE.' 512022 WWW.-5AWTOOTHLS.COM I of E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Aviator Springs Subdivision Emergency Access Easement Agreement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-065019 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 07/20/2022 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0193 Aviator Springs Subdivision Emergency Access Easement Agreement No. 1 EMERGENCY ACCESS EASEMENT AGREEMENT THIS AGREEMENT made this 19th day of July, 2022, between Joint School District No. 2, doing business as the West Ada School District, an Idaho school district and body corporate and politic of the State of Idaho, hereinafter referred to as "Grantor," City of Meridian, an Idaho municipal corporation,hereinafter referred to as "Grantee," and AGE C II(LEN)MULTI STATE 2,LLC, a Delaware limited liability company, whose address is 245 Park Avenue, 26"'Floor, New York,NY, hereinafter referred to as "AG EHC II' WITNESSETH; WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian is requiring an access area for emergency vehicles as a condition of development approval for an adjacent parcel owned by AG EHC II; and WHEREAS, Grantor desires to grant an easement for ingress and egress across those certain parts of Grantor's property defined herein to allow for emergency vehicle access; and WHEREAS,AG EHC II shall construct certain improvements upon a portion of the easement described on Exhibit"C" and depicted on Exhibit "D"; and NOW,THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A", and depicted on Exhibit"B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a non-exclusive easement and right-of- way on, over, across and through Grantor's property with the free right of access to such property at any and all times and for the purpose of allowing egress and ingress to and from the property for emergency vehicle access.Pursuant to the International Fire Code, this access road shall be constructed of an improved surface capable of supporting 75,000 GVW. TO HAVE AND TO HOLD, said easement unto said Grantee,its successors and assigns forever; THE GRANTOR, hereby covenants and agrees that no structures shall be constructed, erected, or placed upon the surface of the easement areathat would materially impair the normal operation or use of the easement area for emergency vehicular purposes. No parking of vehicles within the easement area shall be permitted. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement,which would interfere with the use of said easement, for the purposes stated herein. EMERGENCY ACCESS EASEMENT, PAGE 1 02/14/2020 IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that AG EHC II shall construct, repair, and maintain the access roadway improvements upon the portion ofthe easement described on Exhibit"C" and depicted on Exhibit "D". THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of or lie within the boundaries of any public street, 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 parties have hereunto subscribed their signatures the day and year first hereinabove written. GRANTOR: JOINT SCHOOL DISTRICT NO. 2 DBA WEST ADA SCHOOL DISTRICT BY: Dr. Derek Bub Its: Superintendent STATE OF IDAHO ) ss. County of Ada ) On this 15 day of_ un 2022, before me, a Notary Public, in and for said State, personally appeared _Dr. Derek F»b , known or identified to me to be the _5� er,n-�endQ of.loint School District No. 2, doing business as the West Ada School District, whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of said school district. IN WITNESS WI IEREOF, I have hereunto set my hand and affixed my official seal the clay and year in this certificate first above written. •••�„��„����� .••``P ROLL''•. �.C�. �1YnSY ,�.• 4.••ND 39.ai;••� NOTARY PUBLIC FOR IDAHO aF0 Residing atCuln.•�,, �alol.a t'NpTARy My Commission Expires_2-111 1LoZ7 .�� pUBLXC' .� 9� •..••• ••. EOF 19 •� .•• '•08#11111list•• 02n ai2020 AG EHC 11. AG EHC lI (LEI)MULTI STATE 2,LLC By:_Steven S.Benson Its: Manager of Essential Housing Asset Management, LLC an Arizona limited liability company, the Authorized Agent of AG EHC II(LEN)Mufti State 2,LLC STATE OF ARIZONA ) ) ss. County of Maricopa ) On this_n day of Vf~y ,2022, before me, a Notary Public in and for said State, personally appeared P Won , known or identified to me to be the�;m" UC", 47,of AG EHC I[ (LEN) MULTI STATE 2, LLC, a Delaware limited liability company, whose name is subscribed to the within instrument,and acknowledged to me that he/she executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �FLOTARY PUBLIC FOR ARIZONAE(@1&11ancopa ime Made Adams. Residing at 94 01 U CnNotary Public County,ArizonaMy Commi �a2Smm Expires 07-01.25mission No.607030 02/14/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-19-2022 Attest by Chris Johnson, City Clerk 7-19-2022 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 7-19-202?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 02/14/2020 LEGAL DESCRIPTION == THE Page 1 OF 3 LAND GROUP May 24, 2022 Project No.: 120194 EXHIBIT"A" OWYHEE HIGH SCHOOL/AVIATOR SPRINGS SUBDIVISION EMERGENCY ACCESS EASEMENT An easement located in the northeast quarter of the southeast quarter of Section 32,Township 4 North, Range 1 West, Boise Meridian, Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast corner of Section 32 of said Township 4 North, Range 1 West; Thence North 89' 17' 50" West, 1325.58 feet on the south line of said Section 32 to the One Sixteenth Section Corner; Thence North 00' 33' 19" East, 1316.18 feet on the north-south one sixteenth line of the Southeast Quarter of said Section 32 to the Southeast one sixteenth corner; Thence North 00' 33' 19" East, 174.03 feet on said north-south one sixteenth line to the POINT OF BEGINNING; Thence North 89' 19' 39" West, a distance of 41.45 feet to a point of curve; Thence 44.31 feet on the arc of a curve to the left, said curve having a radius of 28.00 feet, a central angle of 90' 40' 21", a chord bearing of South 45' 20' 10" West, and a chord length of 39.83 feet; Thence South 00' 00' 00" West, a distance of 145.90 feet to a point of curve; Thence 75.40 feet on the arc of a curve to the right,said curve having a radius of 48.00 feet, a central angle of 90' 00' 00", a chord bearing of South 45' 00' 00" West, and a chord length of 67.88 feet; Thence North 90' 00' 00" West, a distance of 339.67 feet to a point of curve; Thence 22.06 feet on the arc of a curve to the left, said curve having a radius of 28.00 feet, a central angle of 45' 08'49", a chord bearing of South 67' 25' 36" West, and a chord length of 21.50 feet; Thence South 44' 51' 11" West, a distance of 83.24 feet to a point of curve; Thence 65.40 feet on the arc of a curve to the right,said curve having a radius of 83.00 feet, a central angle of 45' 08'49", a chord bearing of South 67' 25' 36" West, and a chord length of 63.72 feet; Thence North 90' 00'00" West, a distance of 189.70 feet to a point of curve; Thence 32.39 feet on the arc of a curve to the left, said curve having a radius of 57.00 feet, a central angle of 32' 33' 25", a chord bearing of South 73'43' 18" West, and a chord length of 31.95 feet to a point of compound curve; Thence 16.92 feet on the arc of a curve to the right,said curve having a radius of 83.00 feet, a central angle of 11' 40' 38", a chord bearing of South 63' 16' 54" West, and a chord length of 16.89 feet to a point of compound curve; Thence 30.25 feet on the arc of a curve to the right,said curve having a radius of 83.00 feet, a central angle of 20' 52'47", a chord bearing of South 79' 33' 37" West, and a chord length of 30.08 feet; Thence North 90' 00'00" West, a distance of 273.50 feet; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939,4041 thelandgroupinc.com May 24, 2022 Page 2 Thence North 85°02' 45" West, a distance of 57.81 feet; Thence North 89'59' 35" West, a distance of 66.61 feet; Thence North 00'36' 39" East, a distance of 26.00 feet; Thence North 90°00' 00" East, a distance of 67.36 feet; Thence South 85'02'45" East, a distance of 59.02 feet; Thence North 89'58'46" East, a distance of 271.26 feet to a point of curve; Thence 20.77 feet on the arc of a curve to the left, said curve having a radius of 57.00 feet, a central angle of 20' 52' 47", a chord bearing of North 79'33' 37" East, and a chord length of 20.66 feet to a point of compound curve; Thence 11.62 feet on the arc of a curve to the left, said curve having a radius of 57.00 feet, a central angle of 11'40' 38", a chord bearing of North 63° 16' 54" East, and a chord length of 11.60 feet to a point of compound curve; Thence 47.16 feet on the arc of a curve to the right,said curve having a radius of 83.00 feet, a central angle of 32' 33' 25", a chord bearing of North 73'43' 18" East, and a chord length of 46.53 feet; Thence North 90'00' 00" East, a distance of 189.70 feet to a point of curve; Thence 44.91 feet on the arc of a curve to the left, said curve having a radius of 57.00 feet, a central angle of 45' 08' 49", a chord bearing of North 67° 25' 36" East, and a chord length of 43.76 feet; Thence North 44'51' 11" East, a distance of 77.27 feet to a point of curve; Thence 37.82 feet on the arc of a curve to the right,said curve having a radius of 48.00 feet, a central angle of 45' 08' 49", a chord bearing of North 67° 25' 36" East, and a chord length of 36.85 feet; Thence North 90'00' 00" East, a distance of 348.13 feet to a point of curve; Thence 43.98 feet on the arc of a curve to the left, said curve having a radius of 28.00 feet, a central angle of 90' 00'00", a chord bearing of North 45°00' 00" East, and a chord length of 39.60 feet; Thence North 00'00' 00" East, a distance of 145.90 feet to a point of curve; Thence 75.97 feet on the arc of a curve to the right,said curve having a radius of 48.00 feet, a central angle of 90'41' 16", a chord bearing of North 45°20' 38" East, and a chord length of 68.29 feet; Thence South 89° 18' 44" East, a distance of 41.40 feet to a point on said north-south one sixteenth line; Thence South 00'33' 19" West, a distance of 20.00 feet on said north-south one sixteenth line to the POINT OF BEGINNING. PREPARED BY: The Land Group, Inc. p��L w � James R. Washburn a 788D 0 5-24-2022 41.�TFOF �pP��� WA�y" Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com File Location: 0:\2020\120194\cad\sumey\exhibits\es 220509 emergency access easemerq aviator and ohs 120194.dwg Last Plotted By:alex major Data Plotted: Tuesday.May 10 20P2 at 10:42 AM N.L9OWYHEE STORM AVE . m rn1 r D M r I l O a w N o O rn _ M v -` O ({J Z I 11 I U1 W V A V O O ?� N fOn N fT A tD (O W <D V (O W A O d S N D C7 V Oo O] N V fly � N lD O Q] O 0 _ C7 a T a I I m w m w ti w w w Nw m Nw n Cn A Cn n I I 1 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O I I N - - a a w y CD w o o C.)l cn cn na iv cn cn o o m ' z m m C� p o w o N N o w o o ego COI I W ' O ? a N W d ? c2 II C/� fl'1 rn o <c xc cn m y w cn xn Q o M to a? C-nO T 1'17 c�io� can w w coo co w w cAii cj'ne c A CD W Z C/0 �(S w o y w con w a m rn rn o o _ co O rn o m a II o f m m m �111 N �� m w m o o rn W T W V O) Qi O OJ V (l1 OD W T O CDOJ fC f.r q!l N x a r� F" H o n lQ x ^ t V f 1 L'ly x tri cn °O a W I I x cn CJ I p r I I 1 x o az �ssf W I m I I w Or `—D" Co � 1 l JL16 pCO c? o � m O -- - �cjsr 9 o NCom mm L2 G'j 1 o NO 22 z M N00°33'19"E 1316.18' 174.03' � G' r o r a0 Co Do n m c o o AVIATOR SPRINGS SUBDIVISION Iz Coz z I I n o G7 W 1: r: xc arc rn crn a w iv IV m o cn a w N o NO v tr o m o - a - - m - o m m - m a - c m � O o <o oCD co Z� cw.> o 0 o o m N o rn m not o o o Cr ri A ' m - o _ _ ocr^/J- T rTl T T T T IT m rTl CD fl-I o Ao o o rn rn o rn m o c a_ o vA_i c�3 N O y o y O mergency Access Easement kew,THE C*, Eest iator Springs Subdivision BLAND Ada School District - GROUP LEGAL DESCRIPTION == THE Page 1 OF 1 LAND GROUP March 31, 2022 Project No.: 120194 EXHIBIT "C" WEST ADA SCHOOL DISTRICT EMERGENCY ACCESS EASEMENT An easement located in a portion of Parcel "A" as shown on Record of Survey Number 11348, recorded as Instrument Number 2018-036119, Ada County Records, situate in a portion of the East One Half of Section 32,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the South Quarter Corner of Section 32 of said Township 4 North, Range 1 West, (from which the Center Quarter Corner of said Section 32 bears North 00°36'39" East, 2631.82 feet distant); Thence North 00°36'39" East, 1285.38 feet on the north-south mid-section line of said Section 32; Thence South 89°23'21" East, 1204.27 feet to the POINT OF BEGINNING: Thence North 44° 33'40" East,40.00 feet to a point on the north line of the Southwest Quarter of the Southeast Quarter of said Section 32; Thence North 00°41' 21" East, 146.00 feet to a point of curve; Thence 83.25 feet on the arc of a curve to the right, having a radius of 53.00 feet, a central angle of 90°00'02", and whose long chord bears North 45'40' 25" East, 74.95 feet; Thence South 89° 18'44" East, 38.67 feet to a point on the east line of said Parcel "A"; Thence on said east line, South 00° 33'03" West, 30.00 feet; Thence leaving said east line, North 89' 18'44" West, 38.73 feet to a point of curve; Thence 36.15 feet on the arc of a curve to the left, having a radius of 23.00 feet, a central angle of 90'02' 31", and whose long chord bears South 45'40' 25" West, 32.54 feet; Thence South 00'41' 21" West, 174.14 feet; Thence North 90'00' 00" West, 57.73 feet to the POINT OF BEGINNING. The above described easement contains 8,577 square feet more or less. PREPARED BY: The Land Group, Inc. L LAN 1 7 RF S�r� l 7880 0 3-31-2022 xx James R. Washburn SR.WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939,4041 thelandgroupinc.com Curve Table CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH C1 83.25' 53.00' 90000'02" N45040'25"E 74.95' C2 36.15' 23.00' 90002'31" S45040'25"W 32.54' Line Table C1/4 -��. .1 - — — o�A LINE BEARING LENGTH w5�1 GSTE Fp L1 N44°33'40"E 40.00' rj 880 0 L2 N00°41'21"E 146.00' a I s3,-31-2022o L3 S89°18'44"E 38.67' `o �`�ry�ys E OF 0 L4 S00033'03"W 30.00' T R.WA I L5 N89018'44"W 38.73' SEE DETAIL L6 S00041'21"W 174.14' OP EMERGENCY ACCESS EASEMENT °r ° L7 N90 00 00 W 57.73, AREA: °° ° � �� S89°23'21"E 1204.27' 0 POB v� L3 .,� CD Z LU PARCEL"A" z 4�L ROS 11348 CO 00 r JI I� r 130.00' �L7 � W S1/4 q SECTION 32 DETAIL S.32 T.4N., RAW., B.M. SCALE: 1" = 150' S.32 S.331 =— 7W — R R/W _ _ S.5 Tt: °17'50"E 2651.02'- ' 1° - RAWS.5 S.4 USTICK RD. _ d EXHIBIT "D" 0 500' l000' Horizontal Scale:1 = 500, 120194 �. Date of Issuance:September 16,2021 THE Emer encv Access Easement r LAND o me _ GROUP West Ada School District r E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Aviator Springs Subdivision Emergency Access Easement Agreement No. 2 ADA COUNTY RECORDER Phil McGrane 2022-065020 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/20/2022 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2 22- 194 Aviator Springs Subdivision Emergency Access Easement Agreetiient No. 2 EMERGENCYG SS EASEMENT AGREEMENT THIS AGREEMENT made this 19th day of July "20 22 m between Afs E�ENl Multi 5tat �hereinafter referred to as"Grantor"and the City of Meridian.. an Idaho municipal corporation,hereinafter referred to as "Grantee'.; W ITNES ETH: WHEREAS., Grantor is the owner of real property on portions of which the City of Meridian is requiring an access area for emergency vehicles as a condition of development approval;and WHEREAS, Grantor desires to grant an easement for ingress and egress across those certain parts o Grantor's property defined herein to allow for emergency vehicle access; and WHEREAS, Grantor shall construct certain improvements upon the easement described herein; and NOW, THEREFORE., the parties agree as follows; THE GRANTOR does hereby grant unto the Grantee an easement on the fallowing property, described on Exhibit "A" and depicted on Exhibit"B" attached hereto and incorporated herein.. THE EASEMENT hereby granted is for the purpose of providing a non-exclusive easement and right-of-way on, over, across and through Grantor's proper ty with the free right of access to such property at any and all times and for the purpose of allowing egress and ingress to and from the property for emergency vehicle access. Pursuant to the International Fire Code,;this access road shall be constructed of an improved surface capable of supporting 75,000 GVWI TO HAVE AND TO IIOLD, said easement unto said Grantee, its successors and assigns forever; THE GRANTOR, hereby covenants and agrees that no structures shall be constructed, erected, or placed upon the surface of the easement area that would materially impair the normal operation or use of the easement area for emergency vehicular purposes, No parking of vehicles within the easement area shall be permitted. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said'easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the access roadway improvements. 02/14/2020 EMERGENCY ACCESS EASEMENT,PACE E THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, 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 AG EHC 11 (LEN) Multi State 2, LLC by: Essential Housing Asset Management, LLC,an Arizona limited liability company, its Authorized Agent Steven S Benson.Manager of Essential Housing Asset Management.LLC,an Arizona limited liability company.the Authorized Agent WAG EHC II(LEN)Multi State 2.LLC STATE OF ARIZONA ) ) ss County of Maricopa ) This record was acknowledged before me on �1 127i (date) by Steven S. Benson on behalf of _AG EHC II SLEN)Multi State 2,LLC in the following representative capacity: Manager of Essential Housing Asset Management.LLC`'( -an Arizona limited liability company, the AuthOriatype of authority such as officer or trustee) Agent o I I L N)Mu18 2.LLL Jaime Marie Adams Notary Public Maricopa County,Arizona MY COMM.Expros 07-01-25 earon No.607030 otary Signature My Commission Expires: _07e/jZ071 EMERGENCY ACCESS EASEMENT, PAGE 2 02/14/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-19-2122 Attest by Chris Johnson,City Clerk 7-19-2022 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 7-19-2022 (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 EMERGENCY ACCESS EASEMENT, PAGE 3 02/14/2020 LEGAL DESCRIPTION %== Page 1 OF 1 THE LAND GROUP March 31, 2022 Project No.: 120194 EXHIBIT "A" AVIATOR SPRINGS SUBDIVISION EMERGENCY ACCESS EASEMENT An easement located in a portion of the northeast quarter of the southeast quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the East One Quarter corner of Section 32 of said Township 4 North, Range 1 West, (from which point the south one sixteenth corner common to Section 32 and Section 33 bears South 00°29'50" West, 1316.11 feet distant); Thence North 89°19'39"West, 1323.00 feet on the east-west mid-section line of said Section 32 to the center-east one sixteenth corner of said Section 32; Thence South 00°33'03" West, 1117.31 feet on the west line of said northeast quarter of the southeast quarter of Section 32 to the POINT OF BEGINNING; Thence leaving said west line, South 89' 18' 45" East, 109.33 feet; Thence South 00°40' 21" West, 30.00 feet; Thence North 89' 18'45" West, 109.27 feet to a point on said west line; Thence on said west line, North 00°33' 03" East, 30.00 feet to the POINT OF BEGINNING. The above described easement contains 3279 square feet more or less. PREPARED BY: The Land Group, Inc. LAN S P. '7880 , 3-31-2022 James R. Washburn �I ATE 0 SR.WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com E1/4 C-E1/16 SECTION 32 S.33 N89°19'39"W 1323.00' T.4N., RAW., B.M. l S.32 POB S89°18'45"E 109.33' w M � I M c EMERGENCY ACCESS EASEMENT bo 0 M M o M AREA:±3279 FT M 0 rC� CO ti z O CO Z T N89018'45"W 109.27' T W Cy') ILO coo o M C14 a CD m M M i DETAIL SCALE: 1" = 40' DETAIL POB 0 0 Ci cn 1 •- SE1/16 N89020'14"W 1324.23' — — — p�AL ANd 3 a "7880 3-31-2022 d 9,d,grE OF R.WA EXHIBIT "B" 0 250' Soo' Horizontal Scale:1" = 250' 120194 Date of Issuance:September 16,2021 THE Emergency Access Easement r j0.- LAND GROUP Aviator Springs Subdivision r E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Elsinore Daycare Lots 12 and 13, Block 2 of Paramount Square Subdivision Water Main Easement ADA COUNTY RECORDER Phil McGrane 2022-065021 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/20/2022 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0201 Elsinore Daycare Lots 12 and 13, Block 2 of Paramount Square Subdivision WATER MAIN EASEMENT THIS Easement Agreement, made this 19th day of July 20 22 between EIG I 4T PRI ID N MERIDIAN LLC, a Michigan limited liability company ("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 and/or an above-ground hydrant and meter to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines,hydrant and meter 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, hydrants and meters 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, hydrants and meters and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any 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: EIG14T PRI ID N MERIDIAN LLC, a Michigan limited liability company Reed Fenton, Manager STATE OF MICHIGAN ) ) ss County of OAKLAND ) This record was acknowledged before me on June 29, 2022 by Reed Fenton on behalf of EIG14T PRI ID N MERIDIAN LLC in the following representative capacity:Manager. (stamp) Notary Sign tur ary ro Ma °�� My Commission Expires: Public of Michiyari klar4 County ExpimsA813 AcWV in the County 2 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 7-19-2022 Attest by Chris Johnson, City Clerk 7-19-2022 STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on July 19 , 20 22by 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 3 TEAL,EY'S LAND 12594 W. Explorer Drive, Suite 150 • Eloise, Idaho 83713 SURVEYING (208) 385-063$ a] Fax(208) 385-0696 Project No.:4858 EXHIBIT "A" Hate:July 1, 2022 DESCRIPTION OF CITY OF MERIDIAN WATER MAIN EASEMENT FOR €16144T PRl ID MERIDIAN LLC (PRIMROSE SCHOOLS) A parcel of land being a portion of Lots 12 and 13 of Block 2 of Paramount Square Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 109 of Plats at page 15586, said parcel being situated in the SE 1/4 of Section 25, TAN., R.1 W., B.M., Meridian,Ada County, Idaho and more particularly described as follows COMMENCING at the Southeast corner of said Section 25, marked by a brass cap; thence along the South line of said Section 25 North 89027"26"West 743.48 feet to a point on the extended West line of said Lot 13; thence along said extended West line and the West line of said Lot 13 North 00023'20" East 183.69 feet to the Northwest corner of said Lot 13 which point is the POINT OF BEGINNING, marked by an iron pin; thence along the West line of said Lot 12 North 00023'20" East 15.50 feet to a point; thence at right angles South 89"36'40" East 24.00 feet to a point; thence South 32006'40" East 29.50 feet to a point; thence at right angles South 57053'20"West 25.00 feet to a point; thence at right angles North 32006'40"West 21.71 feet to a point; thence at right angles to said West line of Lot 13 North 89036'40"West 7.10 feet to a point on said West line of Lot 13; thence along said West line North 00023'20" East 4.50 feet to the POINT OF BEGINNING Said Parcel Contains 951 Square Feet, more or less. LA a 34 P, 0g - l�lf A. 1 yv i i EXHIBIT $,8,, CITY OF MERIDIAN WATER MAIN EASEMENT FOR FIG14T PRI Ili N MERIDIAN LLC ! - - (PRIMROSE SCHOOLS) IN LOTS 12 & 9,BLOCK 2, PARAAOUNT SQUARE SUBDIVISION. LYING IN THE SE 1/4,SECTION 25, TAN.,R.IW.,S.A., MERIDIAN, ADA COUNTY.IDAHO I f, it Z NORTH = i 1 L r ,?, 0 20 40 80 € N 00°23'20°E ° S 89 3b *f0 E - J 15.5D' 1 ° ° _. SCALE IN FEET POINT OF BMNNING ; I 24.00 - !„ = 40' NW CORNER LOT 13 '�;' •1 ,. €1 _ S 32°06'400 E A` ! ! 29.50' N 00"23120"6 ar ^ 4ar0' " I i } 7.l0' 25.00' N 32*06'40" W57°53'20" P 347 IV f -- OF 60 N, ! S: rf t }3 I O m ( mx i 25 193$50' ___�� __ 743.48' 25 30 36 _ N 89°27'26" W�2681,981 _ _—— 36 31 WEST AcMILLAN ROAD MR TEALEY'S LAND SURVEYING 12594 W. EXPLORER DRIVE, SUITE 150. BOISE, ID 83713 208-385-0636 4858—Ease—Wafer.dwg 07-0122 15:52:20 dmarks "'` "" E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Horse Meadows Emergency Access Easement Agreement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-065023 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/20/2022 08:07 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0204 Horse Meadows Emergency Access Easement Agreement No. 1 EMERGENCY ACCESS EASEMENT AGREE THIS AGREEMENT made this 19th day of JUlY 20 22, between Black Cat 30, LLC hereinafter referred to as"Grantor"and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian is requiring an access area for emergency vehicles as a condition of development approval; and WHEREAS, Grantor desires to grant an easement for ingress and egress across those certain parts of Grantor's property defined herein to allow for emergency vehicle access; and WHEREAS, Grantor shall construct certain improvements upon the easement described herein; and NOW, THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit"A" and depicted on Exhibit"B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a non-exclusive easement and right-of-way on, over,across and through Grantor's property with the free right of access to such property at any and all times and for the purpose of allowing egress and ingress to and from the property for emergency vehicle access. Pursuant to the International Fire Code,this access road shall be constructed of an improved surface capable of supporting 75,000 GVW; TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever; THE GRANTOR, hereby covenants and agrees that no structures shall be constructed, erected, or placed upon the surface of the easement area that would materially impair the normal operation or use of the easement area for emergency vehicular purposes.No parking of vehicles within the easement area shall be permitted. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement,which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the access roadway improvements. EMERGENCY ACCESS EASEMENT,PAGE 1 02/14/2020 THE GRANTOR hereby covenants and agrees with the.Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, 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 STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on (date) by on behalf of -ire following representative capacity: e of authority such as officer or trustee) Notary Signature My Commission Expires: EMERGENCY ACCESS EASEMENT,PAGE 2 02/14/2020 i i I ACKNOWLEDGMENT flt t E A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Joaquin ) On Diane D. Woods, a notary public .�•�-� =before me, Di D Wd t bli _ _ �6J (insert name and title of the officer) personally appeared �'� nol,{ — ~�— _ who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in j his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES hand and official seal. ���;;� .„f DIANED.WOODS ( y Notary Public-California as• = San Joaquin County } Commission N 2Lct5,*'2022 ° My Comm.Expires Signature (Seal) i i I GRANTEE: CITY OF MERIDIAN i Robert E. Simison, Mayor 7-19-2022 ff3 I Attest by Chris Johnson, City Clerk 7-19-2022 i ISTATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 7-19-2022 (date)by Robert E. Simison and iChris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. i I i Notary Signature j My Commission Expires:_3-28-2028 i EMERGENCY ACCESS EASEMENT,PAGE 3 02/14/2020 � a EMERGENCY ACCESS EASEMENT DESCRIPTION EXHIBIT"A" The following Describes a Parcel of Land for the Purpose of an Emergency Access Easement being a Portion of County Tax Parcel No. S1210325501 located at 710 North Black Cat Road lying in a portion of the NW 1/4 SW 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho being more particularly described as follows: COMMENCING at the West 1/4 Corner of said Section 10 which is being Monumented with a found Brass Cap; From which, the Southwest Corner of said Section 10 bears, South 00025'34" West, 2653.03 feet which is being Monumented with a found Aluminum Cap; Thence along the Westerly Boundary Line of the NW 1/4 of said Section 10, South 00025'34" West, 422.03 feet to a point; Thence leaving said Westerly Boundary Line, South 89034'50" East, 38.00 feet to the Easterly Right of Way Line of North Black Cat Road, the POINT OF BEGINNING: Thence along the Easterly Right of Way Line of North Black Cat Road, North 00°25'34" East, 30.00 feet to a point; Thence leaving said Right of Way Line, South 89°34'50" East, 414.14 feet to a point; Thence, South 84°33'47" East, 73.23 feet to a point; Thence, South 00025'34" West, 23.60 feet to a point; Thence, North 89034'50" West, 487.09 feet to the POINT OF BEGINNING: The above Described Parcel of Land contains 0.33 Acres (14,380 Sq. Ft.), more or less. J,ctb3 8 21PId Q H. cn N. Black Cat Rd. (Public) o CD BASIS OF BEARING: 2 N00025'34"E 2653.03' n o Ar\A o 2231.01' r 422.03' R/W R/W L2 — — — = CD ri_ _ _i- - - I I I I I I I I � _ - I_ - - - - �- - o Cam = OK 0m / � —I - - - - - �- - \ m Z7Il � f I Ix I I� ° � m -- w ml I Iv , I I = Z Z of I ICCDZ I yp � I I Izoo I I z � o m � � i w N z 00 L — _ L— — f I Ian I — � z 0 tom o A o Co m r I I Iw ^' I I � � (n N w ry w D z f I N a w cn A i2 m I cn A rA o D I I I I I NOz D m m m W �. U) — J - - - - - � - - � m o m W W o P D MC mCn o w o o z m m ps Z I I I I zO m I I I I Dm = O w I I I I n CO Zoz � Q t4 � 000 I o I = Z I I O � Dv y > 89 I ! � G) I m o N d�'1 PROFV,s I Z CID oo W — ., •.S i0 I o N D v , � ao w- I o m n c� r o D D < % _ �i G'� O c a s -• o cn �F` �� c ° N N �PyCD Cn �R a0 �� c n o CD o 3 r' m � � r p 'o CD CD CD 0 889°34'50"e s 84°33'4 T'e .14 Q 487.09 n v��lMBE 2'� 8251 Of%0 EMERGENCY ACCESS EASEMENT 5/11/2022 Scale: 1 inch= 64 feet File: Tract 1:0.3301 Acres(14380 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/218769),Pe rimeter=1028 ft. 01 n00.2534e 30 02 s89.3450e 414.14 03 s84.3347e 73.23 04 s00.2534w 23.6 05 n89.3450w 487.09 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Horse Meadows Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Phil McGrane 2022-065022 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/20/2022 08:07 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0203 Horse Meadows Sanitary Sewer and Water Main Easement No. 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made thisl9thday of July 2022 between Black cat 30, LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 9/q4e 6��" li� STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by (name of individua [complete Q ollowing if signing in a representative capacity, or strike thei if ' King n n an individual capacity] on behalf of entity on behalf of whom record was executed), in the follow' gi e capacity: (type of authority suer . ustee) amp) Notary Signature My Commission Expires:, Sanitary Sewer and Water Main Easement REV.01/01/2020 i i I I ACKNOWLEDGMENT 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Joaquin ) t OnA(,1 th j 202 -==, before me _Diane D. Woods, a notary public i (insert name and title of the officer) G personally appeared _Vy 1& d coal�b� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. f WITNESS m hand d official seal. •o,, DIANE D.WOODS y Notary Public California s ' +• = San Joaquin County Commission#2257529 My Comm.Expires Oct 5,2022 Signature (Seal) GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 7-19-2022 Attest by Chris Johnson, City Clerk 7-19-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 7-19-2022 (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 Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 a E S . SEWER& WATER EASEMENT DESCRIPTION EXHIBIT "A" The following Describes a Parcel of Land for the Purpose of an Emergency Access Easement being a Portion of County Tax Parcel No. S1210325501 located at 710 North Black Cat Road lying in a portion of the NW 1/4 SW 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho being more particularly described as follows: COMMENCING at the West 1/4 Corner of said Section 10 which is being Monumented with a found Brass Cap; From which, the Southwest Corner of said Section 10 bears, South 00025'34" West, 2653.03 feet which is being Monumented with a found Aluminum Cap; Thence along the Westerly Boundary Line of the NW 1/4 of said Section 10, South 00125'34" West, 422.03 feet to a point; Thence leaving said Westerly Boundary Line, South 89034'50" East, 38.00 feet to the Easterly Right of Way Line of North Black Cat Road, the POINT OF BEGINNING: Thence along the Easterly Right of Way Line of North Black Cat Road, North 00025'34" East, 30.00 feet to a point; Thence leaving said Right of Way Line, South 89'34'50" East, 414.14 feet to a point; Thence, South 84033'47" East, 73.23 feet to a point; Thence, South 00025'34" West, 23.60 feet to a point; Thence, North 89034'50" West, 487.09 feet to the POINT OF BEGINNING: The above Described Parcel of Land contains 0.33 Acres (14,380 Sq. Ft.), more or less. Cn N. Black Cat Rd. (Public) a o N BASIS OF BEARING: m N00°25'34"E 2653.03' e o eA — a 2231.01' r — 422.03' R/W R/W T L2 — — m CID ID _ " I I I I Itr V � o I I f ! z CD Co = o co CD I _ I- - -�- - Wpm 00 of i IX I \I� ° ° m CA) ml i I � ; I I = z ;U o 90 -06 i I n 0 I I � -a �I I Izw I I z � � alwl � l � � m y IL _ _ 1 _� ° _ _ -� m ° m J z Iron I ! o A o 0 1 I IC) I I m � m N W A m I i I I Nam = A V A O Z D I I I I N p z a m03 m3 W W o W W m w m cn Z oo o n ! I I I y n i I I I y m vo ZZ o0 L4 I o I = a I I I r 0 A D �q p I I G� ! o V1 > PROF I Z © m D 00 °' < UI ,� �, o °° LL CD r- m �RAI ,ZA '��, r, Q r- L. V/ VO �10 - c C7 O (D v 3 -o � � m Z rt m 7 0 _0CD 1 s89°34'50"e s84114 pie 614.14 487.09 nB9 34 5 'w 8251 �4011Q� SEWER & WATER EASEMENT 5/11/2022 Scale: 1 inch= 64 feet File: Sewer and Water Easement.ndp Tract 1:0.3301 Acres(14380 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/218769),Perimeter=1028 ft. 01 n00.2534e 30 02 s89.3450e 414.14 03 s84.3347e 73.23 04 s00.2534w 23.6 05 n89.3450w 487.09 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Timberline North Subdivision No. 2 Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-065074 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/20/2022 08:07 AM CITY OF MERIDIAN, IDAHO NO FEE E T-2022- 1 9 Timberline North_Subdivision No. 2 Water Main Easement No, 1 WATER NIAIN EASEMIFNT This Easement Agreement made thi lsthday of July , 2022 between Bailey investments,LLC, ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the water main is to be provided for,through underground pi elines to be constructed by others; an 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 EXHUMTS A and ) 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 Tinto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY ER TOOD AND AGREED, by and between the parties hereto, that after akin, 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, brash, or perennial shrubs or Powers 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 d easement here y 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: STATE O� O ) ) ss County of "`�5�' ) This record was acknowledged before me on_07/04o-Li (date) by_(-IA,-/,-- 4_ /f y (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of_2a,/a .Tn S�,�,. L (name of entity on behalf of whom record was executed), in the following represent capacity:_��tn ti itK5 (type of authority such as officer or trustee) o L L [� ���Q�.•o�sM ExP io..F�i0-:1 N ign Notary Sature • ° n's � My Commission Expires: 1 j) z NOTARY ma's N: PUBLIC —AO h; 2 �1WASN�,���� Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 7-19-2022 Attest by Chris Johnson, City Clerk 7-19-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 7-19-2022 (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 01/01/2020 5awtooth Land Surveying, LLC 2030 5. Washington Ave - ft rf'j� r(l11 Emmett, ID 836 17 P: (206) 398-61 04 F: (208) 398-8I05 �x-r gtT 'A Timberline Subdivision No. 2 Water Easement Description BASIS OF BEARINGS for this description is South 89022'15" East between an aluminum cap marking the N1/4 corner of Section 25 and the aluminum cap marking the northeast corner of Section 25, both in T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho. A 20-foot wide easement being a portion of Record of Survey 8105, Ada County Records and located in the NW1/4 of the NE1/4 of Section 25, T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap marking the N1/4 corner of Section 25; Thence South 00126'28" West, coincident with the west line of said NW1/4 of the NE1/4, a distance of 90.00 feet to the southerly right of way of W. Victory Road and the northeast corner of Kentucky Villas Subdivision, as shown in Book 112 of plats, at Page 16368-70, Ada County Records; Thence continuing South 00026'28" West, coincident with east line of said Kentucky Villas Subdivision, 108.19 feet to the POINT OF BEGINNING; Thence leaving said east line, South 89022'15" East, parallel with the north line of said NW1/4 of the NE1/4, a distance of 115.86 feet to the beginning of a non-tangent curve to the left with a radius of 55.00 feet; Thence 20.11 feet along the arc of said curve, with a central angle of 2015705", subtended by a chord bearing South 00026'02"West, 20.00 feet; Thence North 89022'15"West, parallel with said north line, 115.86 feet to said east line of Kentucky Villas Subdivision; Thence North 00026'28" East, coincident with said east line, 20.00 feet to the POINT OF BEGINNING. The above described easement contains 2,304.32 Square Feet and/or 0.553 acres, more or less. r 'tC 11 57 �1�,1z2 BEN-1 P:\2019\19383-TIMBERLINE SUB NO. 2\Survey\Drawings\Descriptions\19383 TIMBERLINE SUB NO. 2 WATER EASE LEGAL.docx I � 1 A�DkH4P-,�,ii 13 a � a WATER EASEMENT q o BASIS OF BEARING tp S 69022'15"E 2639.60' 24 W. VICTORY ROAD 24 19 25 COR.REC. #2017-104125 z 25 30 COR. REC. #114024259 $ ui ry " IN CURVE TABLE / I CURVE I ARC LENGTH I RADIUS I DELTA ANGLE I CHORD BEARING I CHORD LENGTH o / I Cl 120.11' I S5.00' 20°57'05" S 00°26'02"W 20.00' 3 ao N 35 e ' Ln 0 34 PROPOSED TTMBERLINE POINT OF 15 SUBDMSION NO. 2 BEGINNING I S 89°22'15"E 115.85' _.__ __ ..._ -. - --- _-__ LINE TABLE z i 20, -� �(� LINE I BEARING DISTANCE L2 N 00°2626"E 20.00' r N 89°22'15"W 115.86` 33 5 � 4? G 11574 �l rt or- y NTS PROJECT: OWNER/DEVELOPER: p DWG# 2030 S. WASHINGTON AVE. TIMBERLINE SUBDIVISION NO. 2 BAILEY19383-EX INVESTMENTS EMMETT,: (208) 9 -8104 WATER EASEMENT EXHIBIT P: (208)398-8104 PROJECT# CITY OF MERIDIAN � F. (208)398-8105 19363 ADA COUNTY [_�tJi SHEET DATE: 612022 WWW d5viveyi;,q, L.C.G ,SAWTOOTHLS.COM 1 OF 1 ......�._._...._.....--- - -- Lan , E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Final Plat for Briar Ridge No. 1 by Kent Brown Planning Services, located on the West side of S. Meridian Rd., between W. Lake Hazel Rd. and W. Amity Rd., near the mid- mile point STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 7/19/2022 Legend DATE: I-L Project Location RUT _,R.q ;( TO: Mayor&City Council RU?� R"$ Rl FROM: Joseph Dodson,Associate Planner RUT R-4 R-8IJ R-8 R 4 208-884-5533 R-�2 RUT R-4 R=2 A R-8 SUBJECT: FP-2022-0011 RJ1�6 R-4 R-12 Briar Ridge No. I Subdivision J C-G . R-8 LOCATION: The site is located on the west side of — R-15 Meridian Road between W. Lake Hazel R-6 R�4 RUT Road and W. Amity Road, directly south RUT R-4 of the mid-mile point,in the NE '/4 of the RR SE '/4 of Section 36,Township 3N., R-4 Range 1 W. I. PROJECT DESCRIPTION Final Plat request for 59 single-family residential building lots(24 townhome lots and 35 detached single-family lots)and 15 common lots on 14.14 acres of land in the TN-R zoning district,by Kent Brown Planning. II. APPLICANT INFORMATION A. Applicant/Owner: Corey Barton, Endurance Holdings LLC— 1977 E. Overland Road,Meridian,ID 83642 B. Representative: Kent Brown,Kent Brown Planning Services—3161 E. Springwood Drive, Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. The submitted plat includes the same number of buildable lots and open space as approved with the preliminary plat and conforms to the approved phasing plan. Furthermore,the submitted final plat application contains the necessary documents to satisfy preliminary plat conditions of approval. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 2 V. EXHIBITS A. Preliminary Plat(date: 9/3/2021) a ow 10 "� •I � q fit 3 a � I I �02 oilz � ��. I m � 4 N F2 9 has a psi - Ri T Ai �_ �P -'CE/ 9 � Z �-�p I{� 'I '•. oaf F• J� a - - � ; � pp� y imn� fn4 mww N � MAW.MA SEI[HiNnY M �Rj I �n P R E L I M I IV A R Y P LAT - r�lley En@peeling,Inc. bBRIAR RIDGE SUBDIVISION tp'�'A Cam frvnnrzw:�IFunuueiCaoo TRILOGY DEVELOPMENT. INC. Page 3 ----------- _ ' ,f4D ® f i 19 In a .. moo' 3 I _1 I Nrt - $ l3 Page 4 B. Final Plat(date: 2/25/2022) UNPLAF 6 G 6 G G G c : SUS'21 32 E 555.U3` I W.QUARTZ CREEK ST. 3 531 w,J/uRNs ST. I Su6'29'32�E 43H.7U' I ,n O O m O �� , I --------------------- -� -- m u H118°I2'25AW 949.23' , O �4 >> k'.A4EWTURIME ST. ALLEY � 9LUCK 7 P�e W.RUCX CRYSTAL ST. I � $ 8 p m +II IN-15'g1'W 1F9U.U6' g ! €ec p0�s PR s mS I Z up gg a 3 a m a" _R ao=eWoa po° _ =o 1 him � rr' Iti, koM6LITE5 $rJ V a4�� NUS'12'25"A'�op' Sm E a� °-� ,tS oN tS?'¢R o�zm A. �m5 a°�4�� Nie�slr oT S 9'0 0 >z'o WAlom j; Qo,-nw oup o _m 3."'-i 536�531 nn 22 rm nA�N 3 Qc� " �aa$e 3�o u Sl SE GOA V QaHT- czn zo Q° nao 3 0 ° i I 39. Nq �.4z ° m3m Page 5 __ __ SBaR1'32'E b85.XY _ W.tlIIARTZ LREEK ST.mSzr'.iz'�sa�.oa— �$L42 NSaRI'32'W at a.iE' R1 O 90.9d � x5.o 25.0 N09RI'39•W 28]m' I m IN89'1l'S2•W m ' 51.40' 5a.ar 50.aN SO.W' b].So' 110.t4' I OLOCK yj2 ya ul GS O I (•J SP99' 50.0a' ]9.W' x9,51' } V I �IIa EW y,^ u � 821'32•W 1]951' tiE ]dbtl 140.01' _ - 89.14' -11 r� I N'ueaht'JYW n.lY \ O I- N09R1'Sx•w e5. �- I I 58921'32O'E I✓)5.a1'- a Rt'32•EO102SY aafl5t'W H I y s $ 3as fl w los.w' � I 58934'51•W I I H $ 0 $ u o naBOz E a a3 I zs ss 34• •w �,� 195.50' u o N0934'b2•E 4y I --� 5893432•W 105.W' o y � � �N N I C� ros oo' N0934'S2•E � 5/'52'YI u I cd � E8934'51•W � 105W' z �' �'� 1 I �� g N°9s4•sz•E 195.00,Nbr E I� S Iz3.00' 3t I til I 31585.05'2•W �. .00' � 58a34'52•W I x O los.00' 2•E j =$_ S I rn sea3/•5x•w m N 105.00' I S5 12s.ao r^ I OJ ! �_ I"n O x s 58934'S2•W I L9 I 25D i 2io N5954'S2'E m � g O � I ,�1 1as.ao' na954sx 1o5 oa & I 1`1�Y! _ $ 55931'S1•W 5&Slg','{g� I I --� - Nb934bx2 $ N0934'SYE t 105.5a' � v.A -9 N9 rs5 �I S NB o54'5YE �I �^� �I _ � ., a od � sas34.5z•w i I,"yi $ $ ng pm y-a W I 1 P XB934'S2"E N09�34'STE F,W N W 10.i1A' I atl 30934'S2'W 1•I 1a110 0 O u$ 0 I n ( NEa34'SYE N9a�4—E I O ^ r-Z 104.5a'N Si.pb. ]5t14ry35v GD � 589}5'it'E 50934'S3•W �� 30.i0',-g-__� f yl. VENIURIPNE ST. 5°B15'41•E 2u� n Y I m o _� r111II���G." eal .ea 1sa.31• ,o - eeu-��,\S�,.s $(gl m� 5 � NBa}5'4•W 24A51' c0/ B'xaAa'1AOd 29.99' x9.0a' 24,00'21W 2N,00']oo 1 _ w O �O O O Llz O9 E zO O Oi O a. - N ' �I I A G 4`^ S Y ® nT acre wa 2Aatl N09003�WW J01 BOB' 29,95'S99}5'41'f 31820'2a.00'29.00' MATCH`THM 5 N3a.ea�ie.sx��a-�--s—_—_'41- _ _ -s LEY i�acas'41•w aas.le�i_�— —. N m Z • ®O I � �Q E4 �'.�pp�7. Page 6 � 8 sa Nk _&tlFF."?v; qutwY4'o3' J3.5r ce 898,54!'E 3fi.55' ALLEY na9'tsn'w 5aa.ta• —T--"-- C2 � � �21 18.9a 94.Od 29.08' 29.Oo' S28t' 2B4Op' 20.00'a9.08'2409'24.50' a9.60' Ga�— -- JJI /� BLOCK 7oL.� O O esO xO O O O� 0 1 1 � �'r S_W�_ oS � a 5 ✓a G 24.59'24.00'2400 20.00'—5' 29.06' S9.2i' 2A00' 2a90 2a.op'a{.W'24.00' 28-89' �. w N9915'11'W 35),1� I Y5TPL 5T. - 9Y3'41•w 25,39 (o __ NBBYS'41 Yt t5A05' ---__ V ���„Ne9,fi 41•W e).M' � I 1 i - - - j� _ m G G G G I f VIM sa a - >r na i; s Old 0 � s s ."smewUg: zWma 8555 $ 'sa 88 's � � 'sg s � a s s $ s i • I TI ma m m a ^ a :$,i 5- Z = s s & as R al.a a1 a gdikkks = sm N uE � � � � i m I `�- " KlF G #� 8 F k w W S S p A S X XGv G 5 I ix Q) e gym . o � a . ow . es 's amass fsmm �' _ J �2v b —4� o � I m I F 1 � . ® moo � � r- ----------�-----� I zM s � c i � z 31 o 1 I I I LYE _ a - aR� �c3 7 s�o� o°ais Fso I� µl a CD 0 G �C3i a1 Page 7 C. Landscape Plans (date: 12/20/2021) I ,f( I •yy� III � '�� irk CC I li �ik1i II �IIIL II I Ic ��I I � - jD i N I 33 I �lfq - � . I S. MERIDIAN RD. (STATE HWY 69) ®1® - Z - G�l noy � zr' z o VI"1 mr Page 8 r rErrr _ _ f i '6E I A I �I I I >t= — � I .e _ .,. y ---- r Am— � I MArt}iINE NEY MAP PLANT SGHE�ULE NOTES .. "`� xr �II�Y:nglnaNing,Inc. _ "' MArHL LI �j .-_� • � e�_ Y _��.. <, t —IUArCNLMrE Lz fCAi{R 1 _ Iw IJL _ I I �W AVENTHRiNE Sr. y�- _ T^ MATCHLNIE L9 ae�I(EY MAP PLANT SGHE;2ULE NOTES Zf— u n iffJL ... •.r e/rlineyEngn�nng.m Page 9 PANT SGH�OULE MATCMLI�La AUT014LPS U MATCMu L V. j �N CaYSiAL ST.I —I --- I,• �1 � _ �`�- L——— /�•' a NOTES ,Yf MAP w $g T l m � rc ��. 9 ••�•.�� in�w�e-��,u�� ��rlhY 69/r'ti��/dJ x ,v)L1b�.hVt E'AIFFtt o,g_", - - . LANCS ARE GA_ ULAT ONS rt l 1 I =, _• '�"„"•" _ ". %'¢' 'J', ..�.."' el7edeYEndne nn6 Inc IN JENEIbELTB q .. 0 Page 10 D. Emergency Access Exhibit EMERGENCY ACCESS EXHIBIT FOR BRIAR RIDGE SUBDIVISION NO. 1 ♦rl I C!= 14= 14Q locumw 1O�N!8 IIOSlB, 1 B001�1®lAN AM COOLIM�HiD 8088 I e I P OW ° v - ° D � % % I M •COL DS 1 . I EP D .z z N HOWLITE ST., I a, � � o 26'-0" w } 13'-0" 13'-0" a a SLOPE 2.00% --SLOPE 2.00% 6 OF CRUSHED GRAVEL 2" ASPHALT 'L PAVEMENT COMPACTED SUBGRADE COMMON DRIVEWAY APPROACH SECTION NOT TO SCALE (;�Q 30 0 15 30 60 alley Engineering, Inc. SCALE IN FEET CIVIL ENGINEERING I PLANNING I CADD 111=301 1119 E.STATE ST,SUITE 210 TEL 208-938-0013 EAGLE, ID 83616 FAX 208-938-0516 Page 11 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2021-0056 (AZ, RZ, &PP); H-2021-0091 (DA Modification);A-2022-0068 (DES). 2. The applicant shall obtain the City Engineer's signature on the final plat by September 28, 2023,within two(2)years of the date of approval of the preliminary plat findings(September 28,2021), in accord with UDC I 1-613-7, in order for the preliminary plat to remain valid, or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by Bailey Engineering,Inc., stamped on 02/25/22 by Cody M. McCammon, is approved with the following conditions to be completed at the time of Final Plat Signature submittal: a. Note#10: Include recorded instrument number. b. Note#11: Include recorded instrument number. c. Note#12: Include recorded instrument number. d. Add a plat note stating"Development is subject to all provisions contained within the recorded Development Agreement(DA Inst. #2021-161803). e. Add a plat note regarding the recorded Meridian Pathway Easement and note the encumbered common lot(s). 5. The Landscape Plan shown in Section V.0 prepared by Bailey Engineering, Inc., dated 12/20/2021, is approved as submitted. 6. Prior to City Engineer signature on this final plat,revise the Emergency Access Exhibit (Exhibit V.D)to include enough bollards to keep the public from utilizing this access (exhibit appears to show two (2)bollards alongside the access drive but none preventing the public from utilizing access). 7. Future single-family attached and townhome units constructed in this phase shall comply with the elevations approved in the Administrative Design Review(A-2022-0068)with materials and architectural features to be the same or higher quality as shown in the elevations. 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. Prior to submittal for City Engineer signature on this final plat,the applicant shall submit a public access easement for the multi-use pathway along Meridian Road/SH 69. Submit easements to the Planning Division for Council approval and subsequent recordation. The easements shall be a minimum of 14' wide(10' pathway+2' shoulder each side).Use standard City template for public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. Page 12 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Water will be brought to the intersection of Meridian Rd and E Quartz Creek St as part of the Shafer View Terrace subdivision. Currently water is not available at the intersection. 2. Slope for 12 inch main must be 0.28%.No more,no less. 3. A streetlight plan must be provided conforming to the City of Meridian's standards and specifications. Type I streetlights along Meridian Road and Type II streetlights within the subdivision. Coordinate with the City of Meridian's Transportation and Utilities Coordinator for streetlight location assistance. 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 I I-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Page 13 Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-I 4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 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. Page 14 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 15 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Final Plat for Oaks North No. 12 (FP-2022-0019) by Toll Southwest LLC, Located at W. Burnt Sage Dr. (Parcel Number SO428325460) STAFF REPORT Ic� f IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 7/19/2022 R Legend0 DATE: Protect Locoiar L TO: Mayor&City Council r FROM: Joseph Dodson,Associate Planner RUT R=_ -R'- 208-884-5533 R-8 R�, R=� SUBJECT: FP-2022-0019 Oaks North No. 12 LOCATION: Generally located '/z mile north of the half-mile mark of W. McMillan Road between McDermott Road and Black Cat U T Road,in the NW 1/4 of the SW 1/4 of R-8 Section 28,TAN., R.1W. R_4 RUT I. PROJECT DESCRIPTION Final Plat consisting of 83 single-family detached building lots and 16 common on approximately 23.4 acres of land in the R-8 &R-4 zoning district,by Toll Southwest, LLC. II. APPLICANT INFORMATION A. Applicant/Owner: Toll Southwest,LLC—3101 W. Sheryl Drive, Suite 100,Meridian, ID 83642 B. Representative: Kyle Prewett,Toll Brothers—3103 W. Sheryl Drive, Suite 100,Meridian,ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. This is the twelfth phase of development of the Oaks North Subdivision. The submitted final plat shows five(5)more buildable lots than were approved in the preliminary plat for this area of the site because these additional lots represent the five(5) lots that were lost in previous phases of development.Further,the Applicant received Rezone approval(H-2022-0010)to rezone a portion of this phase from the R-4 to the R-8 zoning district to accommodate these additional lots.The Applicant is proposing open space in excess of the area approved in the preliminary plat and is proposing a splash pad amenity in this phase consistent with the Rezone approvals. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat and recent Rezone,as required. Page 1 IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 8/6/2013) i Y �ylog LL Ia P I I Area of Phase 12 Ri7 NEr Rift _ R_g I g 4°•e I ACT • P - Jill - ------- r Rur — -------T Dr 7-1-- — — — — —�--RUT--------�JJ xv, � g _ II II![ g L!JI a -� _ P 1 RUT .rLL Il w a d I -• — - I � w�6� ---- I RUT ! �� I __ � �•- � I" I I �m s Rl,EP' - -T- - -- ---1-, I T I- a - 7 F r1...r SSA 1Jr- Tn�rrr r LI I I I I �rr ITIs� l iH�_� _ ,rt-- I�iI�1 ,o��. I I'l i l l l II rIT r!r- Jr-1��V y - r� r l-7:L. 4 I r-T-i PRE Page 2 B. Final Plat(date: 4/7/2022) THE OAKS NORTH SUBDIVISION NO. 12 BOOK PAGE` LOCATED IN THE N 112 OF THE SW 1/4 OF SECTION 28,TAN.,RAW.,B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO 2022 I wd� uNAarnD RxRrcBx xocxts sueolnseu 11NPLP7IFD BoaBEI r 54BR 17'E 1A1.11' — 1fiB81� :N'n iYE Ul NF `O �a- 13I� m§:�Ix � `� I �'�.JI^ ♦;H xxa a as J �.a� JI. �R O e0ONO ro5 xI 5s w �I 3i �r a izo ',� BLC(11IU Is I --�I �I II -bklN II LNUU n a"aFZRNr OF r a �a a� ara ar 5 a� arE n -�arx aL z xr n hr0 bra 5 © ' rN„oaTa�� q =o a O:_E„I8..5i - � 9I _ I— � EG IN of 'I �_§ BEGINNING NBA9,L 1R NB61i61�Y1 A349 II 'J'JB - N I - 65,DP x05H1YE � Nxi21'1Yx 60561' r �Y 1 _1a®r r� 1 I nc vxs I @ x W.PCITBR ACWr Br. wes"Vi 1Y r W RW]EA%NHf Sr -.��v .NH o o ✓a g "� � cN�.� '$,s'4,9r �Y>•w SSG w � i36�t8' BOGt 121,PACE51B998 18949 3 lnr' �laDSt'w zr SB�od2�'W 1386 J / mE OAXS Naxm SUW.X0.8 BOP(1L,RRf£5 IB99-,as, x YdIIUJM R4wB ' xx�2grn uY •uNe�ne1•u LEGEND w ® 1—ID A.LUN NUN CAP N'SNUNDIF -- -- _ s, aIVNEI.n cE1.TER SEE SHEET 2 OF 4 FOR NOTES AND LINE&DDRVE DATA EcuNo 6FPS cPP M LINE EauNc�n RETARWIHa.51111x ."."'....."...."....... sLRVEV TIE UNE PLi`"IC CAP OR 4S NCTEU 'IF ® 1OUNR6 '11 11 FL511118 3�uNca Rv INE Puslc::N=.aR T PL511 pLBLI L4 —IN PREB E"I IRRIGATION a � SET 12 REBAR1rvITH PL91t1 6 __—_— pT C%iNINTOE EASEMEI.R LINE, SCT LSC RE.—TIA-11YB SLCM11CrCR1W [4x < ® 1EASE EMRLNEASEE NRp-11 - B o A,cFO PERM VALx Iso11a �'"i�Wa. Q LOT NUMBER IN- o ENENFLNEPPEE INNSTRUMEW Ory y HP SURVEY NARRATIVE ANo W _SATER- ,T UNE As Nora `Toll Brothers Lan olutions aSCAlE 1"-100' ANERICAS LUXURVNDNE BUILDER- HEld a—ft andT�Iu CvvuRlnB Ill E ,<es,e,!` me�oon°aw roe vnsaomrvwiory aiowry neeeon I mw ••�L•°es uBwEET1 OF a Page 3 THE OAKS NORTH SUBDIVISION NO. 12 BOOK PAGE PEPS E IIEGMS 319YIN9YY war i ii '- i BGM fib.PACES NM-1G27 mo-^4o�. N6 9Y56E HAB'1415'f yG02Y184 '_ NOTES EIM C-4 FRFFY f]f.SC z 'sI I B __ UMPV.iIF➢ CaV IH I''q iEas L'sST ICL UNI LNE'T NA AT I GlPCHWI REcwcETHE O .,�� § 1. GJE nGIAN_1T'�E . nrzY. � - LY WI iTF.FPF LE 2GN NG REWLA G�6 2 � I � M.SN01!CLIdRAM ST 3 � g 5199'TW WIOU -,I, I H _C'1- -V ®m „I IISA Evrs r.lE9�rL Rs Ra cIT ON, '-s xILL3E SLaiECT I Hd I - �� ffrMP NJ. (;nRFTCiNNf;RFC TON.90FTHF. LINE TARLf NNG T REsarNLS aLTv uHEo by an R '] t\ ENT LLY &'S2'S. u i/':' 1^sb3 1 ... 1 I>" srFn � v ,yam soon lzl n s 'O exr .�uRRNG r c.r r 11'='US NMYIANAI 1%N E T IE Ll sGVTHERW .waEAN,.ca MULTI. I c a l n S \,pIN r I & i o a yr LLS RANGE CF SAD LUI a oiALL eE As ME NEONTHE 0- � EHrs _ V FaR rHa \ � \ 11 waV 3c TIN TOLL cr mERc NNE_ROEons NSTauiENTw lmOT mo]E REc�]os Ho c mr.YdILLAN RCM __-__`- _ V° 1.16_.11 eY NL N a �3 mee-mmn sl.9Y _ _ TH _ o TEE V CJ 2VE TABF CVRVE—LE _ IS" THEOPERATION.7MP=A_=I]F THE_ORIA WATEP GRA RAGE SEM. E.EIi GU-p L-VGI RAUIVG DELTA 9EARINC LHURO CURVE LENG-H RAUIVS GELTA BFAkING CHGRU - - n_9L =SEANP.EEMENLRENGLE•=.0 hSrRJMENi mRLLSCFAo.. 57,C0' ]o.b - onSATv IT.eP CWNY.GAFF e—D—ITL.AMENDED 45.W LI IT LION M HP' NI36MY• So' srne'szt s15 eea°Y' vzYe1� z3 uM `Toll Brothers 1. R,., iTns m os c Te1i wnenicasLuaunr None YMLYeR 1sn55urvs1'hO aM CMSu1Gfp n1e14ee oow �^E�SNSH�EET2OF9 Page 4 C. Landscape Plans(revision date: 6/20/2022) 1 12 J, l LI , KS OFF��T�I `-1--1 F[�TURE OAK8{JORTH PHASE OAKS NORTH HA -J'__. I I i PHASE 12 6AKS p t.T jj . . . Or _i i — _ �15KS,M1TOATFt I i� i T � _ ;OAKS N0�3TH / „cj,,�, 3� / V T-J' 0 a ✓� OAKS NORTH Q H S�� - Z a FUTURE Y OAKWIND �� AK3 NOR H� Q z ESTATES N S T I , � T lKg RT P �� NOTES I PH�4S�H� N - �` - LI ' ICI_ \'—�T ��ii� saa W.MCMILLAN ROAD LAN�5GAPE PLAN ® CL1.0 Page 5 f r- - z it I �`•I �� I Il__ �I Z= a z p a � Z ¢ r w a �� a Y � Q 4 SLANT SGI-EDUCE VO'ES •,•• KEY MM LAN0.5LAPE PLAN 114 1 III �I I i MIL I A� �,�•-� I I I III I — I — � -� i�-- f ���� 4', ! z —� _- -- -- --- - - r O w `` O a i ..� Z MATCNLINE'�LI2. s. �mArcnLXus i ��► �'':� a o � r z z - w a PLAxNT SG+iEDL_E sm NOTES - KEY LA pD ANAPE EY MAP 9p � L1.2 Page 6 yyyMAT.NLNE Lim T , �MATCHJNELt9 ji z �✓ Z O a 2c m m = z a Z S � a Y ¢ a O z LL PLA NT SG+iE�L_E NOTES KEY MAP Su pD ANAPE L1.3 PLANT SGkE[PULE � I I cli � o , 1 N07E5 00 a z i a v � ,r mn SLA pD3ANAPE \ KEY MAP Page 7 f-L.A%7 5CHF:rULr: 1n, A IF] ol o Now S cli < I—Al-11 NF- 2 1 IT LA——L LLUVMM�--7 Page 8 D. Common Drive Exhibit(Lot 9,Block 33): THE OAKS NORTH SUBDIVISION NO. 12 COMMON DRIVEWAY LOT EXHIBIT JUNE 30,2022-Meridian,Idaho LEGEND SETBACK L—� NOT A RIGHT OF WAY PROPERTY LINE PART PENCE • • SOUND WALL 4•FI 4"PI' 4"PI 4'PI BLOCK 33 couuau InT _ 1D � 11 I i2 V PAIfNAfNT z woc ccuo� PoBAdI CLKB 0 Ll - I I k 25•A�IIALiIt PAVFLPNI�-1 13 a•aF 3H'ulnas cwsiEo way¢ I 11'ff F YIR15 PIT ASH I I C[IIPACIfEtf 9AOi1➢E TO 9SY dF NPY COMMON DRIVEWAY TYPICAL DETAIL I k7S AA11fWAY � \ KEYNOTES MI4fWAY $ / 01 2D-MEE CONCRETE DRIVEWAY APPROACH PER I tl SD-7DIC 7DIC(ACHU SUPPLEMENT).CONCRETE SIDEWALK AOJACLNT TO DRIVEWAY APPROACH SHALL BE 5 THICK. PROPOSED ffi 2'WIDE CONCRETE RIBBON CURE PER ISPWC SD-7D3�, SHRUBS ITYP) t'o �Ipy o I,ux riu,ssLT \_�W SNOW CURRANT ST MATCH CRO55 SLOPE OF DRIVEWAY. 16'WOE ASPHALT COMMON DRIVE(SEE DETAIL) Ej z g ®® 9ty z s. a � 139 25' / BLOCK 33 I FEET d 6 m I 30 0 15 30 60 - Wo wyo _ 27 eLocK 3z GHa.PHIC SCALE 1 inch-30 PI. s lr � I li i I `Toll Brothers AMERICA'S LUXURY HOME BUILDER' Page 9 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(AZ-13-008, RZ-13-015,DA Inst.No. 114030972; PP-13-014; and H-2022- 0010). 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of the City Engineer's signature on the previous phase final plat, in accord with UDC 11-6B- 7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by Land Solutions, stamped on April 7,2022 by Clinton W. Hansen, is approved with the following revisions: a. Note#12: Include recorded instrument number. 5. The landscape plan shown in Section V.0 prepared by Jensen Belts Associates, dated June 20, 2022, is approved as submitted. 6. Future homes constructed in this phase shall comply with the elevations included in the development agreement (Oaks North and South Subdivision — Inst. No. 114030972) with materials and architectural features to be the same or higher quality as shown in the elevations. 7. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. Prior to submittal for City Engineer signature on this final plat,the applicant shall submit any relevant public access easement(s)for the multi-use pathway on Lot 10,Block 12 and Lot 20, Block 28. Submit easements to the Planning Division for Council approval and subsequent recordation. The easements shall be a minimum of 14' wide (10' pathway+2' shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Property is subject to the Oaks Lift Station and Pressure Sewer Reimbursement Agreement. 2. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles, etc.)are built within the utility easement. 3. Manhole SSMH 12.24 at the NW corner of the site is not needed. Have sewer line end at SSMH 12.23. Page 10 4. For the common driveway located at the NW corner of the site provide a sewer easement that is the full width of the common drive due to the depth of the sewer line. 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 the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting Page 11 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 proj ect. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. Page 12 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 13 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (Alamar Subdivision - H-2022-0004) Between the City of Meridian and Marala Investments, LLC for Property Located at 4380 W. Franklin Rd., ParcelS1210346603 ADA COUNTY RECORDER Phil McGrane 2022-065010 BOISE IDAHO Pgs=43 BONNIE OBERBILLIG 07/20/2022 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Jeff Wrede, Marala Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 19th day of July -, 2022, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and Jeff Wrede, Marala Investments, LLC,whose address is 13601 W. McMillan Rd., Ste. 102-162, Boise, ID 83713, hereinafter called OWNER/DEVELOPER. I. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I 1-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of approximately 8.23 acres of land with a request for the TN-R (Traditional Neighborhood Residential)zoning district on the property as shown in Exhibit"A"under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of DEVELOPMENT AGREEMENT—ALAMAR SUBDIVISION(H-2022-0004) PAGE I OF 8 government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS,on the 21 st day of June,2022,the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"),which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19,2019,Resolution No. 19-2179, and the UDC, Title 11. NOW,THEREFORE,in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Jeff Wrede, Marala Investments, LLC, whose address is 13601 W. McMillan Rd., Ste. 102-162, Boise,ID 83713,hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owners(s)/developer(s) of the Property. DEVELOPMENT AGREEMENT-ALAMAR SUBDIVISION(H-2022-0004) PAGE 2 OF 8 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan, phasing plan, and conceptual building elevations and floor plans included in Section VII and the provisions contained herein,except that phase 1 may be modified to include additional building lots on the 1-acre east leg of the project should a public road connection to W. Atomic Street occur. b. Final alignment at the north property line of the north-south local street proposed with the subject applications shall be determined at the time of the second final plat submittal to allow the Applicant flexibility to work with the adjacent developer to the north/northeast—the Applicant shall not be permitted to increase the number of buildable lots with any road alignment revisions. C. Future development of the residential units shall be generally consistent with the required design elements outlined in the Ten Mile Interchange Specific Area Plan (TMISAP)and include second story decks on at least 25%of the future residential units to better comply with the design standards. d. The access to W. Franklin Road is approved as a temporary access until such time an additional public road access is available to the project site (connection to W. Aviator Street or W.Atomic Street);at that time,this access shall be closed OR converted to an emergency-only access with Fire Department approved bollards. e. No final plat shall be accepted by the City until the Annexation and Zoning ordinance and Development Agreement are executed. DEVELOPMENT AGREEMENT-ALAMAR SUBDIVISION(H-2022-0004) PAGE 3 OF 8 f. All garages shall be set back at least 16 feet behind the living area fagade, per the Applicant's request and consistent with the Ten Mile Interchange Specific Area Plan (TMISAP). 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors, assigns,or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property,this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service.Further,City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements,conditions,and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho,including all matters of construction,validity,performance,and enforcement.Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without DEVELOPMENT AGREEMENT-ALAMAR SUBDIVISION(H-2022-0004) PAGE 4 OF 8 limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner/Developer agree to provide,if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City,or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3)days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 DEVELOPMENT AGREEMENT-ALAMAR SUBDIVISION(H-2022-0004) PAGE 5 OF 8 OWNER/DEVELOPER: Jeff Wrede, Marala Investments, LLC 13601 W. McMillan Rd., Ste. 102-162 Boise, ID 83713 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party(including a governmental entity or official)challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, DEVELOPMENT AGREEMENT-ALAMAR SUBDIVISION(H-2022-0004) PAGE 6 OF 8 express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-ALAMAR SUBDIVISION(H-2022-0004) PAGE 7 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Marala Investments,LLC W By: rede CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 7-19-2022 Chris Johnson,City Cleric T19-2022 STATE OF IDAHO ) ss: County of Ada ) On this fM day of 2022,before me,the nnderrsiV�n�d,a Notary Public in and for said State, personally appeared Jeff Wrede,known r identified to me to be the yi,, 6 of Marala Investments,LLC, and the person who signed above and acknowledged to the that he executed the same on behalf of said Company. IN WITNESS_WHEREOF, I have hereunto set my lImpd and affixed i ficial seal the day and year in this certificate first above written. JOANIE BENHAM I [COMMISSION NUMBER 20190624 NOTARY PUBLIC otary Public or State of Idaho esiding at: Q .(_ My Commission Expires 03/28/2025 My Commission Expires: oZ STATE OF IDAHO ) ss County of Ada ) On this 19th day of July , 2022, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-202 DEVELOPMENT AGREEMENT-ALAMAR SUBDIVISION(H-2022-0004) PAGE 8 OF 8 EXHIBIT A EL►J ENGEBRITSONLAND SURVEYS,PLLC. 2251 S. Sumac Street,Boise,Idaho 83706 (208)859-6032—mike@elsurveys.com 10 March 2022 Amended Land Description Project No.201204 Marala Investments,LLC. Contains 358,362 square feet or 8.227 acres+I- EMBIT A Property Annexation Parcel A tract of land located within the SE'/4 of the SW%,Section 10,Township 3 North,Range 1 West,Boise Meridian, Ada County,Idaho described as follows: Commencing at a found aluminum cap monumenting the SW corner of said Section 10,from which a found aluminum cap monumenting the S%4 corner of said Section bears S 89°15'34"E a distance of 2640.54 feet;thence easterly along the southerly line of said SW%S 89°15'34"E a distance of 1320.31 feet to a found aluminum cap monumenting the W 1116t"comer,the POINT OF BEGINNING. Thence northerly along the west line of said SE'/4 of the SW 1/4 N 00°36'35"E a distance of 1087.89 feet to a point; Thence leaving said line S 59`29'07"E a distance of 74.36 feet to a point; Thence N 59°04'26 E a distance of 103.00 feet to a point on the center line of the Purdam Drain; Thence along said center line S 60°56'14"E a distance of 160.88 feet to a point from which a witness corner bears S 00°34'27"W a distance of 20.00 feet; Thence leaving said Drain S 00°34'27"W a distance of 250.26 feet to a found steel pin; Thence S 89'15'34"E a distance of 232.80 feet to a found steel pin on the westerly rights-of-way line of a private road easement known as North Zimmerman Lane; Thence southerly along said rights-of-way S 00°34'27"W a distance of 187.11 feet to a point from which a found witness corner bears N 89'15'34"W a distance of 2.00 feet; Thence leaving said line N 89°15'34"W a distance of 232.80 feet to a found steel pin; Thence S 00°34'27"W a distance of 557.46 feet to a found steel pin on the northerly rights-of-way line of West Franklin Road; Thence leaving said rights-of-way and continuing S 00°34'27"W a distance of 33.88 feet to a point on the southerly line of said SE'/4 of the SW'/4 of Section 10; Thence westerly along said southerly line N 89°15'34"W a distance of 294.33 feet to the POINT OF BEGINNING. The above-described tract of land contains 8.227 acres more or less and is subject to all existing easements and rights-of-way. (See Exhibit B attached hereto and made part oi) 1►� /► ' 8793 9 F:IELSIPROJECTS1202M2012D41ADMINILEGALS1201204 Updated Anne0ce 031022,dor /o nI►fAWN Z"Z R06 10. 17YSu 1 eft � a o OR 405' a o o o: O ` S 59'23'07" E E cd S N x (Y' SjO z� 74.36 Ok o6 I.- pti«1.N �5p3�6'3 P �i �N 5�� •�� I . Oys QZQoo C,_ (i rn a�m p `� cc W o 0 I I N S w C O O JO^ +°h I i p° I Z O WO W O 1 S 89°15'34" E_ Z Q I I w� 232.80Eo �3 05 2Q 0 0 A'S° � O\Z co M Q O N U O I N U O I fj .0��jF 1 R 4 W m�O �� �¢n to a Z� ��a�0 10 ::�� F� w Q I o _ 232.80' _ cn N _ 411z— N (n �Wo�a iw ONONM N 89"15'34" WPM N T OZ In a¢aQ I"� O`9InY'r 3°D Z y c� >oW°pQ: LU O\ O O¢WO ti _ ma I ZV Vih W I di10Y z QYo w rn � O~Z g80 vzQmq� z I Zm a I m 1 = 2 W h �D U S �4 H W QI— so O • 4 Q LU J y � Z ( I O 5 J 3 R \ 2 ON 2 $ I O J w X h E W I 0 ` 194,31_ I I I I I 9 1 31. '700.00' 33.88' 19a.33' 1112,'.9 }6 15 294.33' I I I S 89'15'34"E 2640.54' } I BASIS OF BEARING W. FRANKLIN ROAD I I I I l ROS NO f225e ELSENGEBRITSON LAND SURVEYS, PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 (208) 859-6032—mike@elsurveys.com 11 March 2022 Project No.201204 Marala Investments, LLC. Amended Boundary Alamar Subdivision Contains 245,100 square feet or 5.627 acres+!- PROPERTY LAND DESCRIPTION Alamar Subdivision A tract of land located within the SE%of the SW%,Section 10,Township 3 North,Range 1 West,Boise Meridian, Ada County, Idaho described as follows: Commencing at a found aluminum cap monumenting the SW corner of said Section 10,from which a found aluminum cap monumenting the S%corner of said Section bears S 89'15'34" E a distance of 2640.54 feet;thence easterly along the southerly line of said SW%S 89°15'34"E a distance of 1320.31 feet to a found aluminum cap monumenting the W 1116r^comer;thence continuing along said Section line S 89'15'34"E a distance of 100.00 feet to a point;thence leaving said section line and running parallel to and 100.00 feet easterly of the westerly line of said SE%of the SW%N 00°36'35"E a distance of 33.88 feet to a found aluminum cap on the northerly rights-of-way line of West Franklin Road the POINT OF BEGINNING. Thence leaving said rights-of-way and continuing along said parallel line N 00°36'35"E a distance of 1038.98 feet to a point from which a witness corner bears S 00°36'35"W a distance of 20.00 feet; Thence leaving said parallel line N 59°04'26"E a distance of 61.30 feet to a point on the center line of the Purdam Drain; Thence along said center line S 60°56'14"E a distance of 160.88 feet to a point from which a witness corner bears S 00°34'27"W a distance of 20.00 feet,- Thence leaving said Drain S 00°34'27"W a distance of 250.26 feet to a found steel pin; Thence S 89'15'34"E a distance of 232.80 feet to a found steel pin on the westerly rights-of-way line of a private road known as North Zimmerman Lane; Thence southerly along said rights-of-way S 00°34'27"W a distance of 187.11 feet to a point from which a found steel pin witness comer bears N 89'15'34"W a distance of 2.00 feet; Thence leaving said rights-of-way N 89°15'34"W a distance of 232.80 feet to a found steel pin; Thence S 00°34'27"W a distance of distance of 557.46 feet to a found steel pin on the northerly rights-of-way line of West Franklin Road; Thence westerly along said rights-of-way line N 89°15'34"W a distance of 194.31 feet to the POINT OF BEGINNING. The above-described tract of land contains 5.627 acres more or less and is subject to all existing easements and rights-of-way. f� 8703 F:1ELSIPROJECTS1202012012041ADMINILEGALS1201204 Amended Alamar Sub 031122.doc I/ MAAEe. ZO Z L R0s N0. 1.1250 N P� " ° ep J J b' a 4 co e S 59.29.07"E 41,74.3s �26.g fb� o 0 0 99 P W 4 C� .+� \�95p9d �o., 3 �S � to Nofh p a ua Z Nm� N J 3n� 1 QN o OW 00 cri !N� � O aped i I ILO ppt W a � J �° i �00 CN Z !N Na o v o I S 89°15'34" E_ Z z Q I o w cLn 232.80 o I I �x4 o"�oG�� rr�^ rn I oo v h S�P20�6 �o N^ U =\Z W CO I�t o cF� �' �jy c�S• 5� IQ� wa �L1 Q pmNU �oI ^I N z �F ��'6o Imo^ o Il, 232_80' � CCm Z w vi wl Z� �" ^_ N 89'15'34" W � r�^ JZU O Z J� V) oI Ln x � Q Z Ct- ca n a¢ hip V l v=i o� 4N W c0� o ��Q� OI inL�❑ OI ONONM I 0. ¢ U~ RN U o�o� ZI �owm� I W Wzo ~q QQ I— Li.l I ��oN I -^wgyo � vii 3W a vYmY I QOOOIy Im mnEli O O Z ! noo �ZZrn I Ln z I emm I 31`pz WOZXvj of ! o 3�a c�Yia c¢i r�Z) WOO � I I oN I, O O • 4 OW Q I N O W w � � I 1 Y I V- W ? z w J 1 1 L J W O ` 4 ,op N pP� � � W U 2 U J ❑ U W 2 2 Z Z Cc)o X k 1 ��� 4__I94.31'T I I I 9 93�31' 400.00' 33.88' 194.33' 33.8 7025.90"10 76715 S 89'15'34'" E 2640.54' � 1 BASIS OF BEARING W. FRANKLIN ROAD R 0 5 NO 12256 EXHIBIT B STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING June 7,2022 Legend �u DATE: 0 t� Project Location A, TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner ,,._ 208-884-5533 ------ ------ SUBJECT: H-2022-0004 ; Alamar Subdivision LOCATION: The site is located at 4380 W. Franklin Road(Parcel#S 1210346603),near the northeast corner of N. Black Cat Road and W. Franklin Road, on the north side of Franklin Road, in the SE 1/4 of the SW 1/4 of Section 10, Township 3N, Range 1W. L PROJECT DESCRIPTION Annexation and Zoning of approximately 8.23 acres of land with a request for the TN-R(Traditional Neighborhood Residential)zoning district and a Preliminary Plat consisting of 51 building lots(30 single family attached lots and 21 detached single-family lots), 6 common lots,and 2 other lots(common driveways)on 5.63 acres in the proposed TN-R zoning district. NOTE: After ongoing discussions between Staff and the Applicant regarding the qualified open space location,the Applicant has revised the project and lose one(1)building lot in order to gain the required qualified open space within the project area. Furthermore,this change has resulted in the Applicant making a slight modification to the distribution of housing tunes—according to the revised plans,the Applicant is now proposing 18 detached lots and 32 attached lots totaling 50 building lots instead of 50. The loss of one(1) building lot and shuffling of the housing types results in the addition of approximately 4,350 square feet of qualified open space. The revised qualified open space complies with the minimum 15%required in the TN- R zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—8.23 acres;PP—5.63 acres Future Land Use Designation Medium-High Density Residential(8-15 du/ac)within the Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use(s) Vacant County residence Proposed Land Use(s) Attached Single-Family Residential(SFR)and Detached SFR. Page 1 Description Details Page Lots(#and type; 2ldg../common) 51 building lots(30 single-family attached,21 detached single family); and 6 common lots. Physical Features(waterways, Purdam stub drain runs along the north boundary of the hazards,flood plain,hillside) site; Purdam Gulch Drain runs along the west boundary but is not located on the subject site. Density,Gross 9.06 du/ac Neighborhood meeting date December 2,2021 and March 17,2022 History(previous approvals) No application history with the City of Meridian B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) N as of Apfil 20 2022 yes—May 9,2022 • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via a new connection to W.Franklin Hwy/Local)(Existing and Road at the south property boundary.Access to Franklin Proposed) is intended to be temporary until such time a future connection to the extension of W.Aviator Street is constructed,a planned collector street that should abut the north boundary of the subject property. Access to the lots within the subdivision are proposed via the new local street. Traffic Level of Service Franklin Road(0' of frontage)—Better than"E"(474/575 VPH) Stub Street/Interconnectivity/Cross Applicant is proposing to extend the new internal local Access streets within the site and stub them to the east and north boundaries with Phase 2 of the development. See the attached preliminary plat. Existing Road Network W.Franklin Road abuts the south property boundary and is an existing arterial constructed with 5-lanes and at its full width. Proposed Road Improvements ACHD—CIP Black Cat is listed in the CIP to be widen to 5-lanes from Franklin to Cherry between 2031-2035. Black Cat is listed in the CIP to be widen to 5-lanes from Overland to Franklin between 2036-2040. Franklin Road is listed in the CIP to be widen to 5-lanes from McDermott Road to Black Cat between 2026-2030. Distance to nearest City Park(+ Fuller Park(21.96 acres)—approximately 1.7 miles by size) vehicle. Fire Service • Distance to Fire Station 2.5 miles from Station#2 • Fire Response Time Falls just outside of the 5-minute response time goal • Resource Reliability 85%(above the goal of 80%) • Accessibility As submitted,plat does not meet all requirements—Site needs secondary emergency access to construct homes behind the first phase 24 lots). • Additional Because project is at a dead-end road with no secondary Comments/Concerns access,only Phase 1 will be allowed to be constructed until a Fire Department approved secondary access is constructed. Page 2 Description Details Page Wastewater • Distance to Sewer Services Directly adjacent • Impacts/concerns Flow is committed • See Public Works Site Specific Conditions Water • Distance to Water Services Directly adjacent • Pressure Zone 2 • Water Quality Concerns Water main will be a 1000 foot dead end until future development extends the main.A hydrant will be required at the end of the main to improve flushability. • Project Consistent with Water Yes Master Plan • Impacts/Concerns See Public Works Site Specific Conditions Page 3 C. Project Maps Future Land Use Map Aerial Map '7 - El Legend N� Ciavi 0� Legend Project Location MedlUm Project Location Density s dential General - Industrial Me "igh Density -sidential - Gomm cicsl Low Density ' Employment 4` "-� MU-Res Mixed Employment MU-Corn - Zoning Map Planned Development Map H�-M T P C�i 0 0 Leg end n LegendProject Location R_g7 -- Project Location Qagg2�R-15R 8 i City Limits �RUTL Planned Parcels R-15 R-15 C-G --- --- R�1 'M. Ml M-E �: R-15 IC-N LC� M�1 R-35 ' R-15 R_.1,5- M7 C-C RUT , Erg O TN-C C-C M-.E C-C III. APPLICANT INFORMATION A. Applicant: Jeff Wrede,Noble Rock Development,Inc.- 13601 W. McMillan Road, Ste. 102-162,Boise, ID 83713 B. Owner: Jeff Wrede,Marala Investments,LLC- 13601 W. McMillan Road, Ste. 102-162,Boise,ID 83713 Page 4 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 4/5/2022 5/22/2022 Radius notification mailed to properties within 500 feet 4/4/2022 5/20/2022 Public hearing notice sign posted 4/11/2021 5/27/2022 on site Nextdoor posting 4/5/2022 5/18/2022 V. STAFF ANALYSIS A. ANNEXATION/COMPREHENSIVE PLAN The MHDR designation allows for a mix of dwelling types including townhouses,condominiums, and apartments. Residential gross densities should range from 8 to 15 dwelling units per acre and is noted with a"target"density of 12 du/ac. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. Per the Ten Mile Interchange Specific Area Plan(TMISAP),MHDR designated areas should include a mix of housing types such as row houses,townhouses, condominiums, alley-loaded homes, and apartments with higher densities near MU-C and Employment designated areas transitioning to smaller-scale and lower density buildings as the distance increases from higher intensity uses. The Applicant is requesting Annexation and Zoning of three parcels totaling 8.23 acres of land with a request for the Traditional Neighborhood Residential(TN-R)district and a Preliminary Plat to construct a mix of single-family dwelling types, single-family detached&attached units. The Applicant is proposing to annex the federally owned land west of the subject site that contains a segment of the Purdam Gulch Drain that is not part of the project area. The Applicant is proposing 51 total residential units on two parcels totaling 5.63 acres in the requested TN-R zoning district which constitutes a gross density of 9.1 du/ac;this density complies with the minimum density required within the future land use designation and is at the lower end of the allowed range. Further,the two proposed uses and site design are not currently seen within this area of the City or Ten Mile Plan but are two aspects desired by the Ten Mile Plan. In addition to the subject project, surrounding development should be taken into account, to the northwest of the site,Hensley Station is currently under construction as a medium-high density townhouse subdivision and Aviation Subdivision was recently approved by Council which will bring Aviator Street extension even closer to the subject site; to the east of the subject site additional high- density residential projects are currently underway,Ascent Townhomes and Entrata Farms. In addition, south of Franklin Road is a larger area of the Ten Mile Plan with a mix of residential, commercial, employment, and industrial zoning. This site is part of a large area of MHDR that is slowly redeveloping from both the west and east of this site. Despite the subject site not being directly adjacent to existing or approved development,the subject site design and proposed uses are ones that are desired within this area of the City. Specifically,the Applicant's proposal of two different housing types, detached sidewalks, and garages set back behind the living area are desired within this area of Meridian and propose a project design consistent with many comprehensive plan policies. Page 5 Staff finds the project to be generally consistent with the Comprehensive Plan. Specific general comprehensive plan policies are analyzed below. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use and development of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed development contains two types of housing units (attached and detached single-family) that will contribute to the variety of residential categories in the Ten Mile area and within the requested TN-R zoning district as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer in accord with UDC 11-3A-21. • "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) Two (2) housing types are proposed in this development, as noted above, which contributes to the variety of housing types in this area. Furthermore, the Applicant is proposing the entire project with detached sidewalks and parkways and each unit is shown with the garages set behind the living area, as desired within the Ten Mile Plan. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed site design provides a maximum use of the land with the proposed residential dwelling types and should be compatible with planned development on adjacent properties that are also designated for MHDR uses. The project does abut three (3) existing I-acre County residential properties to the east and until such time as these properties redevelop, there could be conflict between the two land uses as multiple structures are shown adjacent to these existing homes. However, the Applicant has held two neighborhood meetings on the property and only one of the current owners have attended while voicing minimal concerns. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities." (2.02.01A) The proposed plat depicts relatively smaller areas of open space spread throughout the site. Notably, the main open space area is in the center of the development and is approximately 6,000 square feet with a bicycle repair station noted as the amenity. There are other, smaller open space lots at the north end of the site that are shown to contain storm drainage facilities but still provide open grassy areas (these are not proposed as open swale drainage ponds). Further, the Applicant is proposing detached sidewalks throughout the entire site that connect to the existing sidewalk along Franklin Road, an arterial. This should provide safe and easy access to this arterial sidewalk network and to the nearby charter school to the west. An open space exhibit was not submitted with the applications but it appears the Applicant has proposed approximately 32,500 square feet of qualified open space; this area does not meet the minimum 1 S%requirement which amounts to at least 36,700 square feet. However, if the Applicant is able to obtain irrigation district approval and provide a pathway along the west boundary and Page 6 other internal pathway connections to it, this area of the plat would become qualified open space and the Applicant would exceed the minimum area required by approximately 10,000 square feet. Further analysis is below in subsequent sections. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are proposed to be provided to and though this development in accord with current City plans. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. In addition to the general Comprehensive Plan,the following sections of the Ten Mile Interchange Specific Area Plan(TMISAP)should also be used to analyze the project(Staff analysis is in italics): Connectivity(3-17): Connectivity to adjacent parcels is proposed by extending a stub street to the north boundary which would connect to the planned W.Aviator Street extension and to the east boundary through the 1-acre parcel that is part of this project. This connection to the east boundary aligns with a stub street further to the east within the Ascent Townhome project—Staff anticipates the approximate 50 feet of the Zimmerman parcel that separates the two will be utilized as a public road once a future cross- access agreement is made with that property owner. NOTE:the Zimmerman parcel has been sold to a developer and this area of their plan has been discussed with that Applicant,they agree a portion of this area of their existing access should be utilized to allow the public road connection between the subject project and the Ascent Townhome project currently under construction for the purpose of additional connectivity in this area.Although staff cannot require the connectivity now, with the annexation of the Zimmerman property staff will require the ROW dedication to allow the two roadways connect.If the applicant can facilitate the connection sooner and reach a written agreement to allow the connection,staff would be supportive as this would eliminate the need for the temporary access to Franklin Road in favor of an emergency access as desired by the City. Furthermore, the proposed detached sidewalks throughout the site provide the needed connectivity between existing and planned sites and sets the stage for neighborhood designs desired within the Ten Mile area. Access Control(3-17): In order to move traffic efficiently through the Ten Mile area, direct access via arterial streets is prohibited except for collector street connections. The subject site proposes a temporary access to W. Franklin Road, an arterial, as no other public road access is available at this time. The proposed stub street to the north boundary will connect to the W.Aviator Street extension, a collector street, should the Zimmerman parcel redevelop as anticipated. Because the proposed access to Franklin is only temporary, the project complies with this policy.As noted above, if the applicant can facilitate the connection of the eastern stub street with the Ascent Subdivision, the temporary access to Franklin wouldn't be required. Complete Streets(3-19): The TMISAP incorporates the concept of"complete streets,"meaning all streets should be designed to serve all users, including bicycles and pedestrians unless prohibited by law or where the costs are excessive or where there's clearly no need. The proposed development includes detached sidewalks and parkways throughout the entire site for pedestrian use and on-street parking along the new local street. Further, the proposed home designs depict garages set behind the living area and shared driveways that minimize curb cuts within the site (35 driveways for 51 units). This design sets the stage for future development of the surrounding area as this is a desired site design in the Ten Mile Plan. Page 7 Streetscape(3-25): All streets should include street trees within the right-of-way. The proposed development incorporates tree-lined streets with detached sidewalks throughout the site. DESIGN: Street-Oriented Design—Residential Buildings(3-33): Usable porches should be a dominant element of these building types. Porches should be located along at least 30%of the front fagade of the buildings (the facade facing the primary street) although a higher percentage is recommended as is porches on one or more facades as well. When possible, garages should be loaded from a rear alleyway. Where garages must be accessed from the front,the garages must be located no less than 20' behind the primary fagade of the residential structure. The proposed residential units are all front-loaded but show a garage that is set back from the living area fagade facing the internal local street. The submitted elevations and conceptual floor plans are not dimensioned but the garages appear to be considerably behind the living area facades. This design provides for a more porch dominated street facade compared to traditional single-family residential, as desired. Staff is including a DA provision to ensure this type of design is maintained for the project. Buildings to Scale(3-34): The key elements to consider are the continuity of building sizes,how the street-level and upper-level architectural detailing is treated, elements that anchor and emphasize pedestrian scale,roof forms,rhythm of windows and doors,and general relationship of buildings to public spaces such as streets,plazas, other open space and public parking. Human-scale design is critical to the success of built places for pedestrians. Staff believes the proposed 2-story homes and submitted conceptual building elevations demonstrate compliance with this policy. However, to further the neighborhood and street-oriented designs desired in the Ten Mile Area, Staff is recommending additional decks are added on the second stories of some of the homes. This addition furthers the concept of living area closer to the street which helps to activate the sidewalks and create more of a community identity for the project. Neighborhood Design(3-36): In the Ten Mile area, all residential neighborhoods should be developed in consideration of traditional neighborhood design principles and concepts,which include mixed housing stock, architecture and design, streetscapes and streets.A mix of housing stock is proposed consisting of single family attached and detached dwellings which contribute to the diversity of housing stock in this area. The public street proposed within this development provides a fair framework for future connectivity that can provide short block lengths and minimize curb cuts on the public streets. The proposed block lengths are relatively short and provide for safe pedestrian connectivity due to the detached sidewalks and parkways. The proposed parkways and conceptual floor plans also add to the project's consistency with the neighborhood design element of the Ten Mile Plan. As noted above, Staff finds the project to be generally consistent with both the Ten Mile Interchange Specific Area Plan and the City of Meridian Comprehensive Plan,per Staffs recommended revisions. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. PRELIMINARY PLAT(PP) The proposed preliminary plat consists of 51 building lots(30 single-family attached lots and 21 detached single-family lots), 6 common lots,and 2 other lots(two common driveways) on 5.63 acres of land in the requested TN-R zoning district. The minimum building lot size proposed is 2,038 square feet Page 8 with an average lot size of 2,762 square feet. According to the submitted plans,the plat is currently proposed to develop in two phases due to the available access to the site being only from Franklin Road at this time. The phasing plan depicts construction of 22 building lots in the southern half of the site with three open space lots(including the largest centralized open space lot) in Phase 1 with the public roads terminating less than 150 feet from the internal intersection—thus,20 of the 21 detached single-family lots and two single-family attached lots are proposed in Phase 1. Phase 2 then depicts the remaining building lots to the north and east of the centralized intersection to be constructed along with some remaining open space lots along the north boundary. Further, Phase 2 depicts the north-south local road within the site terminating at the north boundary over the Purdam Gulch stub drain with a slight curve to the northeast to match the property line. Staff has had multiple discussions with this Applicant and the Developer of the Zimmerman property to the north in regards to the proposed termination of the north-south local street within this development. The issue that has been brought up is the preferred alignment of this street at the north property line and consequently where it would connect to the extension of W.Aviator Street,the collector road required to be developed with the project to the north. Staff notes it has been the City's practice to require an Applicant change their road alignment based upon conceptual drawings of a project that has not yet submitted to the City. However, Staff has included a DA provision to allow this Applicant the flexibility to revise the road alignment and lot layout with the future Phase 2 final plat should they be able to work out a mutually beneficial agreement with the adjacent property owner; this is predicated on IF the property to the north receives approvals from the City.This recommended provision does not require this Applicant revise their plat at any point but its intent is to provide flexibility to the Applicant to make any necessary revisions to the plat without having to go through the hearing process for subsequent changes that do not increase the number of building lots or drastically change the project design but help the overall road network in this area of the City. Existing Structures/Site Improvements: Map imagery depicts an old residence and accessory buildings on the southern half of the subject site; no other site improvements appear to be in place. All existing structures are proposed to be removed upon Phase 1 development. Dimensional Standards (UDC 11-2): The proposed subdivision and subsequent development are required to comply with the minimum dimensional standards listed in UDC Table 11-2D-6 for the requested TN-R zoning district. Staff has reviewed the proposed plat and it complies with these standards, including dwelling types, inclusion of parkways, and initial review of building setbacks outlined on the submitted preliminary plat. Access(UDC 11-3A-3): ACHD has not yet submitted a staff report for-the subjeet pr-oj Access for the project has been briefly discussed in the comprehensive plan analysis section above those comments are in conjunction with those in this analysis section.Ultimate access to the project site is from a future local street connection at the north property boundary to a future extension of W. Aviator Street on the adjacent property to the north/northeast. Additionally, future access should occur to the east via a local street connection to W. Atomic Street in the Ascent Townhome project on the east side of Zimmerman Lane (not part of this project area). Until Aviator Street is extended and constructed north of the subject site OR W.Atomic Street is extended,temporary access to W. Franklin Road is required for public street access to the site. Because no other public roads are available to serve the subject site, development code permits this temporary access to Franklin. However,permanent access to Franklin Road is not desired by the City or ACHD in this location so as soon as an additional public road access is available,this access to Franklin shall be closed OR converted to an emergency-only access with Fire Page 9 Department approved bollards. Staff has included a DA provision to address the timing for the closure of this access. Vehicular access for the proposed dwelling units is via driveway connections to the new local streets within the project.The local street is proposed with 5-foot detached sidewalk and 8-foot parkways strips; the street is proposed as a 33-foot wide local street within 37 feet of right-of-way and is consistent with ACHD policy. The Applicant has proposed shared driveways for the single-family attached units to minimize the number of curb cuts on the local street and has included two common drives within the east parcel to better maximize the available land and provide access to six units(four access one common drive, and two access the other). There is no secondary access to the site because the proposed local streets within the site do not connect to additional public roads. This is an additionalfactor in the Applicant's decision to propose the project in two phases and keeps the Applicant from putting sprinklers in each unit because the Fire Department requires a secondary access for each access that has more than 30 units taking access from it. As discussed above, there is an anticipation of a project being constructed on the property to the north/northeast that would extend Aviator along the north property line and offer a secondary public street connection to satisfy the Fire Department requirement. However, regardless an additional public road access being to the north to Aviator Street or the east through Ascent Townhomes, Staff is recommending the temporary access to Franklin convert to an emergency-only access to add an additional Fire approved access for this project and area of the City. Pathways(UDC 11-3A-8): There are no regional pathways depicted on the Pathways Master Plan for this property. However, Staff believes the Applicant should work with the irrigation district to install a micro-path through the common lot along the project's west boundary containing the Purdam Drain easement OR work with the district to utilize their gravel access road as a walking path for the development and include some landscaping along the east side of this common lot. The addition of a meandering 5-foot wide pathway and landscaping in this open space lot could connect in multiple places throughout the site and allow for a looped walking trail. Further,this revision to the project would make this area of the site qualified open space and allow the Applicant to meet and exceed the minimum amount required for the project; without it, additional area will need to be added in other places which will likely require a loss of building lots. Sidewalks(UDC 11-3A-17): Detached sidewalks are proposed along the internal local streets that loop through the site (not shown with any names at this time)with 8-foot parkways throughout. In addition,the Applicant is showing the existing 5-foot wide sidewalk on the north side of Franklin Road with a segment near the west boundary as being attached and the remaining length being detached from the roadway. This does not meet ACHD nor UDC standards for sidewalks along collector streets. Overall, the proposed sidewalk network for this development meets UDC requirements. Parkways (UDC 11-3A-17): 8-feet 6-foot wide parkways with street trees are shown along both sides of the proposed local streets in the project site. All parkways within the site adjacent to detached sidewalks shall be landscaped per the standards listed in UDC 11-3B-7C and UDC 11-3A-17.E.2 for a 6-foot wide parkway—these additional standards include the requirement for a root barrier system and Staff will verify this with all future final plats.With the future final plat applications,the Applicant should add data to the plan to demonstrate compliance with these standards. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along W. Franklin Road,landscaped per the standards in UDC Table 11-3B-7C.A 25-foot wide common lot is shown at the south boundary of the project site meeting UDC standards. However,the subject property boundary does not directly abut Franklin Road because ACHD owns land that goes beyond the pavement and includes the sidewalk along this frontage. Page 10 Therefore,the actual buffer along Franklin is at least 38 feet deep instead of just 25 feet. According to the submitted landscape plan,the required buffer area is landscaped in accordance with code. Therefore, the proposed project complies with these standards. The Applicant is also proposing 86-foot wide parkways throughout the site in accordance with the requirements of the Ten Mile Plan and the requested TN-R zoning district. According to the submitted plans,the Applicant is showing compliance with the required landscaping standards in UDC 11-3B-7. According to the submitted landscape plan, some trees are included in the common open space areas where there is no storm drain retention areas. These retention areas are shown to be vegetated with grasses which complies with UDC 11-3A-11 and is allowed to qualify towards the minimum qualified open space for the project. Staff is recommending the most central tree in the centralized open space lot (Lot 12,Block 1) on the west side of the project be removed so a larger area of usable grass can be proposed in this lot. Further analysis on landscaping and open space qualification is in the next section below. Qualified Open Space& Site Amenities(UDC 11-3G): The area of the preliminary plat is 5.63 acres within the requested TN-R zoning district. According to the standards listed in UDC 11-3G-3, a minimum of 15%qualified open space should be provided for projects over 5 acres within the TN-R district. As noted above,the Applicant did not submit a separate open space exhibit so Staff had to dissect the submitted plans and the applicable areas that qualify. Based on the plat area of 5.63 acres, the minimum amount of qualified open space required to meet UDC 11-3G-3 standards is approximately 36,786 square feet.According to Staffs analysis of the submitted plans, the Applicant is proposing approximately 32,500 square feet of qualified open space, this area does not meet the minimum 15% requirement. This includes the proposed parkways, arterial street buffer to Franklin, the central open space lot(portion of Lot 12,Block 1), and other smaller areas of open space throughout the site.As discussed throughout this report, there is potential of the entire Lot 12,Block I counting towards the qualified open space if additional pedestrian facilities are added to this lot. Specifically,Staff recommends adding a 5-foot wide micro path from the detached sidewalk along the local street in two locations; within the central open space lot and in the open space area in the northwest corner of the site. Further, additional pedestrian facilities would need to be added to this lot within the drain easement area to create a looped system for the project. These cumulative revisions are required in order for this easement area of Lot 12 to count towards the qualified open space. If these revisions cannot occur,the Applicant will need to add approximately 4,300 square feet of additional qualified open space in the project—because of the site design, this would likely require the loss of building lots. Based on the size of the plat, one(1)point of site amenity is required to meet UDC 11-3G-4 standards. According to the submitted landscape plan,the Applicant is proposing a bicycle repair station within the central open space lot(Lot 12,Block 1). This amenity is noted as being worth one(1)amenity point per UDC Table 11-3G-4. The proposed amenity meets the minimum UDC requirements. Fencing(UDC 11-3A-6, I1-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. According to the submitted landscape plan,the Applicant is showing 6-foot tall vinyl fencing along the project boundary on the east portions of the site and a 5-foot tall wrought iron fence on the rear property lines of the lots abutting the Purdam Drain easement along the west boundary. Both of these fence types and their locations comply with UDC standards.No fencing appears to be proposed along the Franklin Road street buffer; should fencing be proposed at a later date, it cannot exceed 6 feet in height per UDC 11-3A-7. Parking: On-site parking for each unit is required per the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per single-family residence. For the detached single-family homes,two car Page 11 garages with two(2)parking pads per unit are shown on the submitted conceptual elevations and floor plans in accord with UDC standards for up to 4-bedroom homes. The single-family attached homes are depicted with a single-car garage parking pad for each unit. Therefore,it appears as a two-car garage and parking pad from the street view. Because of this proposed design,the future attached units cannot contain more than 2 bedrooms to comply with UDC minimum parking standards. Staff finds this as a positive for the project because there is a shortage of smaller homes for sale within the valley and Meridian. In addition to the off-street parking shown, a number of on-street parking spaces are also available due to the proposed site design. Waterways: The Purdam Gulch Drain,an NMID facility,runs along the west boundary of the subject property but is not on the subject site. However,this project does contain a large portion of the east half of the required irrigation easement(50 feet to each side of the drain centerline) for this drain. Therefore, all of the proposed lots along the west boundary of the project are encumbered by approximately 9 feet of this easement. Per UDC 11-3A-6,no more than 10 feet of the irrigation easement shall be located on a buildable lot so the plat complies with this standard as proposed. Any encroachment within this easement will require an exclusive License Agreement with NMID and the future HOA will be responsible for maintenance of this lot. The common lot appears to show the required NMID access road which will be fully gravel with no vegetation,as discussed above. In addition to the Purdam Gulch Drain easement,the Purdam Gulch stub drain runs along the north property line of the site and is located within the project boundary. The Applicant is proposing to pipe this stub drain in its current location for better maintenance and to stub the local street within the site to the north property line for future connectivity to W. Aviator Street. The proposal to pipe this segment of the stub drain and place it within common lots complies with the UDC. Utilities(UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. See Section VULB below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-I5): An underground pressurized irrigation(PI) system is required to be provided for the development as set forth as set forth in UDC 11-3A-15. Per the submitted plans, a PI system is proposed and will be analyzed by the applicable departments with each Final Plat. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual) (TMISAP Conceptual building elevations and first-floor floor plans were submitted for the proposed detached and attached single-family units, as shown in Section VII.F. The conceptual elevations do not list specific materials but appear to show a combination of lap siding and stucco field materials with porches and brick or stone accent materials along the front of the homes. In addition to the elevations,the submitted conceptual first-floor floor plans depict living area and garage on the first floor with the garages set back from the living area fagade closest to the street. The submitted document is not dimensioned but Staff infers that the garage doors should be at least 30 feet from the edge of the street with parkways, detached sidewalks, and parking pad between. Final design is required to comply with the design standards listed in the Architectural Standards Manual and the design guidelines in the TMISAP as stated herein. Submittal and approval of an Administrative Design Review application is required prior to submittal of building permit application(s) for the single- family attached units. Should it be determined the detached units should also require design review, Staff recommends Council add a specific DA provision addressing the project as a whole. Page 12 VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat applications with the requirement of a Development Agreement per the recommended conditions of approval in Section VIII of this report and per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on April 28,2022. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing: a. In favor: Jeff Wrede,Applicant/Developer b. In opposition:None c. Commenting: Jeff Wrede; d. Written testimony: None e. Staff presenting application: Joseph Dodson, Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. Functionality of the common drives and lot design proposed on the 1-acre piece of project-, b. Amount of open space proposed and how the Applicant can get to the minimum Qualified amount—a loss of building lots may have to occur; c. Clarification on the irrigation easement and its width,use, and access for this developemtn and future residents; d. Can building pads shown on plat fit with the wide irrigation easement?—Yes. 4. Commission change(s)to Staff recommendation: a. Ability to modify the phasing plan to allow additional lots within pahse 1 should a road connection occur to the east prior to the connection to the north. 5. Outstandingissue(s)ssue(s) for City Council: a. Applicant has requested an additional DA provision that specifically limits the garage to be setback from the living area facade no less than 16 feet. C. The Meridian Citv Council heard these items on June 7,2022.At the public hearing,the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. I. Summary of the City Council public hearing: a. In favor: Jeff Wrede,Applicant: Derritt Kerner,Applicant Engineer b. In opposition: None C. Commenting: Jeff Wrede:Derritt Kerner: d. Written testimony: Laren Bailey.DevCo—concerns over local and collector street network with adjacent properties that are developing or currently underdeveloped. e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Kristy Inselman—ACHD; 2. Key issue(s)of public testimony: ^ a. None 3. Key issue(s)of discussion by City Council: a. Setbacks discussed within the Ten Mile Plan as well as within the requested TN-R zoning district: b. Pedestrian network proposed within development and its ties to the qualified versus nongualified open space: Page 13 C. Proposed use and timing of the access to Franklin Road—does this access need a turnaround if it becomes an emergency only-access in the future: d. Aviator Street timing,anticipated location, and presumed connections to adjacent parcels including subject property—discussions between the City.ACHD, and property owners/developers• e. Proposed openspan lack of amenities—should additional amenities be added: f. Applicant's specific request for a new DA provision outlining the living area to garage facade setback: & Applicant's request to modify or remove Staff s recommended condition regarding second story porches/.decks— h. Flexibility built into Staffs recommended DA provisions and conditions of approval• 4. City Council change(s)to Commission recommendation: a. Include new DA provision per Applicant's request for the living area to garage setback: b. Require additional amenity in one of the open space lots—either a dog_park or children's play structure: c. Reduce the second-story deck requirement to 25%of the homes per Applicant's request. Page 14 VIL EXHIBITS A. Annexation and Zoning and Preliminary Plat Legal Descriptions and Exhibit Maps EL►J ENGEBRITSONLAND SURVEYS,PLLC. 2251 S. Sumac Street,Boise,Idaho 83706 (208)859-6032-mike@elsurveys.com 10 March 2022 Amended Land Description Project No.201204 Marala Investments,LLC. Contains 358,362 square feet or 8.227 acres+l- EXHOT A Property Annexation Parcel A tract of land located within the SE'/4 of the SW%,Section 10,Township 3 North,Range 1 West,Boise Meridian, Ada County,Idaho described as follows: Commencing at a found aluminum cap monumenting the SW corner of said Section 10,from which a found aluminum cap monumenting the S%4 corner of said Section bears S 89°15'34"E a distance of 2640.54 feet;thence easterly along the southerly line of said SW%S 89'15'34"E a distance of 1320.31 feet to a found aluminum cap monumenting the W 1116t"comer,the POINT OF BEGINNING. Thence northerly along the west line of said SE'/4 of the SW 1/4 N 00°36'35"E a distance of 1087.89 feet to a point; Thence leaving said line S 59`29'07"E a distance of 74.36 feet to a point; Thence N 59°04'26 E a distance of 103.00 feet to a point on the center line of the Purdam Drain; Thence along said center line S 60°56'14"E a distance of 160.88 feet to a point from which a witness corner bears S 00°34'27"W a distance of 20.00 feet; Thence leaving said Drain S 00°34'27"W a distance of 250.26 feet to a found steel pin; Thence S 89'15'34"E a distance of 232.80 feet to a found steel pin on the westerly rights-of-way line of a private road easement known as North Zimmerman Lane; Thence southerly along said rights-of-way S 00°34'27"W a distance of 187.11 feet to a point from which a found witness corner bears N 89'15'34"W a distance of 2.00 feet; Thence leaving said line N 89°15'34"W a distance of 232.80 feet to a found steel pin; Thence S 00°34'27"W a distance of 557.46 feet to a found steel pin on the northerly rights-of-way line of West Franklin Road; Thence leaving said rights-of-way and continuing S 00°34'27"W a distance of 33.88 feet to a point on the southerly line of said SE'/4 of the SW'/4 of Section 10; Thence westerly along said southerly line N 89°15'34"W a distance of 294.33 feet to the POINT OF BEGINNING. The above-described tract of land contains 8.227 acres more or less and is subject to all existing easements and rights-of-way. (See Exhibit B attached hereto and made part oi) 1►� /► ' 8793 9 F:IELSIPROJECTS1202M2012D41ADMINILEGALS1201204 Updated Anne0ce 031022,dor /o nI►fAWN Z"Z Page 15 R05 NO. 12250 Q. g ti S 59Z9'07" E co bi 74.36 ti 01 ? gop0 9`Pdya oN i I N C7 d o !€I 11 0 d I p w p ' S 89'15'34" E W`a Z w cn Q I I 232.SD' �a , �Z \I CE no rn olw E50 0� �r�ri > QUO N OI c,cl Ico i C.�^ .15yt�S`` �c„v ^� Via. o z ��h6o o" ,�,Q I o` v o 232.80' co W ti �, vi w I a �4, oMZ, m N 89-15'34" WLo �a W C]W r-or W z 3V~i4 Q- u a 3 �N ti 0 �,E:W O~Zoe I �wa inn W ti�� I �� �vvpa c � I- O O • 4 Ifs �U I N a J Z w r O I 1 �v 'M Z I I O w cwi o i N 4d4 1 I I pp O a0 U w Y II a iK � 9 ,l10nn 194.31'_ I I .3 100.00' 33.88 184.13' 33.88' '025 9 .10 II 16T — 294,33' 15 S 69.1534'E 2840.54' 15 $AS1S OF BEARING W. FRANKUN ROAD I KOS NO. 12258 Page 16 ELSENGEBRITSONLAND SURVEYS,PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 (208) 859-6032—mike@elsurveys.com 11 March 2022 Project No.201204 Marala Investments, LLC. Amended Boundary Alamar Subdivision Contains 245,100 square feet or 5.627 acres+I PROPERTY LAND DESCRIPTION Alamar Subdivision A tract of land located within the SF%of the SW'/4,Section 10,Township 3 North,Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Commencing at a found aluminum cap monumenting the SW corner of said Section 10,from which a found aluminum cap monumenting the S'/4 corner of said Section bears S 89°15'34"E a distance of 2640.54 feet;thence easterly along the southerly line of said SW IA S 89°15'34"E a distance of 1320.31 feet to a found aluminum cap monumenting the W 1116th corner;thence continuing along said Section line S 89°15'34"E a distance of 100.00 feet to a point;thence leaving said section line and running parallel to and 100.00 feet easterly of the westerly line of said SE'/4 of the SW%N 00°36'35"E a distance of 33.88 feet to a found aluminum cap on the northerly rights-of-way line of West Franklin Road the POINT OF BEGINNING. Thence leaving said rights-of-way and continuing along said parallel line N 00°36'35"E a distance of 1038.98 feet to a point from which a witness corner bears S 00°36'35"W a distance of 20.00 feet; Thence leaving said parallel line N 59°04'26"E a distance of 61.30 feet to a point on the center line of the Purdam Drain; Thence along said center line S 60056'14"E a distance of 160.88 feet to a point from which a witness corner bears S 00°34'27"W a distance of 20.00 feet; Thence leaving said Drain S 00°34'27"W a distance of 250.26 feet to a found steel pin; Thence S 89°15'34"E a distance of 232.80 feet to a found steel pin on the westerly rights-of-way line of a private road known as North Zimmerman Lane; Thence southerly along said rights-of-way S 00°34'27"W a distance of 187.11 feet to a point from which a found steel pin witness corner bears N 89'15'34"W a distance of 2.00 feet; Thence leaving said rights-of-way N 89°15'34"W a distance of 232.80 feet to a found steel pin; Thence S 00034'27"W a distance of distance of 557.46 feet to a found steel pin on the northerly rights-of-way line of West Franklin Road; Thence westerly along said rights-of-way line N 89°15'34"W a distance of 194.31 feet to the POINT OF BEGINNING. The above-described tract of land contains 5.627 acres more or less and is subject to all existing easements and rights-of-way. 703 n� F'IELSIPROJECTSi202012012041ADMINILEGALS1201204 Amended Alamar Sub 031122.doc rye or 144 Ft$� WAAEGAf to z z Page 17 N R O S N 0. 1 2 2 5 0 • y- ! QPpS � b O 4� Co 6� y NS 59.29'07" w ►' . s 5g 06�30 9� P�T A o PW dd s 1��, • ina m N u' � Q 0.S 111 r Q r'J CN f� 2� ZO I I I Q o I S 89'15'34" _E_ z I o c,f -- 232,80' �o Q W E fY1 W Q w N I N 232_801 cn N m Q w ti Q N w� �I tiQ� �, m N 89°15'34" W m �0 � _,z "o LI) Q 1,0 �m Q Z Q W CC X�v¢ Of 0 4 �` z "a"o OI ANON 7 I ¢ z UZ Q, U _Qoo wn ZI C,'o ca WaN 1 ~ow.'sp I 1 C3) p Qro 11CZz0, 1 Lo �m L�Ljn ¢mm I 3�gRN z � zU 11(j O O AWN W� Q w�N 41U IF ro IN z w v I O \ z IZC V PQS 1 Icn r4P� p o v U w Pe I OS j ? oti I I x w a T II J Q U w z z z z 1 m z CO L� y m a 0 w 9 1 031' �1`700.00' 33.88' 194.33' 33.BE' 1025.90'10 16 15 S 89'15'34" E 2640.54' 15 BASIS OF BEARING W. FRANKLIN ROAD ROS NO. 1 2 2 5 8 l Page 18 B. Preliminary Plat(dated: March 18,2022) PRELIK NARY PLAT FOR ALAAIAR SUBDIVISION SE V4 OF THE SW 1I4 OF SECTION 10,T.3N,RAW.R.M. T I MERIDIAN,ADA COUNTY,IDAHO MacTsfa 2022 N VICFNnyn V. Z n". L -1 F- F- It L L L -j L 7 vm F- '4- -- ---------------- F- Z-4 ar 1 4 Page 19 17T E LI hY 11 L, J, 777��YlfI- I II qI IN III 1 -1 III III IIL-_ J -1 -1 ei � I IL L--J -1 T l -1� , -1 D. M j -1 -1 Page 20 C. Landscape Plan(dated: N4afeh Maw,2022) 4%4 - gg x Cg I� .. go" gill' e ' �g I g - 1H, MR Egg= g � o� �om � € a IRT 1119HIRM, N a F x_ qq�S W. ilia 4380 1•/ FF4N{LIN J ` P \-' L 9kP64K- L- «rn— ENGINEER' 1111 : FRnrvrl a� ' ' , S �z ^iV.S - 1 -az 130 �1;no2-y e7 H sr s:2:6316726 Al?S PF P ��: 007SE,.•L 83?:3 Bf?,E,ID2-?2�]83�.72 Page 21 D. Phasing Plan(dated: Mafeh 15 Ma0,2022) •��`►�► �� ALL INFRASTRUCTURE TO BE COMPLETED VITH PHASE L � `�`►► DEVELOPMENT OF PHASE fI WILL COINCIDE WITH THE `►� DEVELOPMENT OF THE PROPERTY TO THE NORTH. THIS VILL ►��� `.► PROVIDE A SECONDARY FIRE ACCESS IN ADDITION TO THE ►► ►� TEMPORARY ENTRY ROAD AT FRANKLIN.. +►�O� ►►`►% THE TEMPORARY ENTRY FROM FRANKLIN ROAD WILL NOT BE REMOVED UNTIL THE ROAD CONNECTION TO THE NORTH AND A earl `a ROAD CONNECTION TO THE ASCENT SUBDIVISION AT THE EAST ARE COMPLETED, lat 4 LOf 24 PHASE II �T 21 `ar' Im22 PHASE I 0 27 BUILDING Lars _ laf 5 un6 PHASE II 23 BUILDING LOTS LOT 20 STUB STREET LOT 7 LOT 12 LOT 5 LOT m MT 11 lar 5 1ar 5 wTo PHASE II ADJACENT PROPERTY fShmW FOR REFERENCE) LOT 17 LOT 12 LOT 7 LAT 4 LOT 10 m lar 15 U)T 11 LOT 15 R Mf:ROAD OONEC= a TO ASW allr IDM STUB STREET �' 1 d 4 •� tar 14 i rr Q ..ter r4�y L LOT 15 V PHASE I Laf7 �. O laf 15 I = w p WTO LOf 17 T I �. ii •Y �' LOTS .wr uff In j 7 1lif,5 j j .�,• .p. UST 3 ' ' a � � .r � �w r •r UST 20 I I r r L i LOT ZI r.r 1r•r oir.r WT 22 WTI 19, 11isi m � o OO �SOO TEr-ORARY ACCESS T, ASCENT SURDIVISIM FRAWLIN ROAD ACCESS TO FRANKLIN ROAD Page 22 E. Conceptual Building Elevations(dated: March 15, 2022) ' - - ■� � I I W� +G�� �I_III • L INN IIr.11 m1off'•}}:" 1 r y} ur 1 r� wig ■■maul mill rrb ru .Y �_!1 �IF� 11 111 tll!mISm1�Y _ 1 •r - - - - - - - - - - - - - - - 1 LV I occc ars LU 1r.W1 lF MW _ _ rwkyvr TT� J l'F'+• - f'v T f v a y Page 23 F. Open Space Exhibit ❑PEN GRASSY AREA OPEN SPACE REQUIREMENT. 5.63 ACRE•15%=36,786 SF 5,889SF QUAUFIED OPEN SPACE AREAS: STORM DRAIN AREA 11-3—B.1.o OPEN GRASSY AREAS =12,420 4,494SF 11-3—B.1.c PROTECTIVE BUFFER ON DITCH 0 11-3—B.1.e ARTERIAL BUFFER (50%): 4,116SF-50X = 2,058 11-3-8.4 PARKWAYS EXCLUDING DRIVEWAYS 18,896SF— 5148SF=13,748 11-3-8.5 STORM DRAIN (11-3-8.11) = 6,628 TOTAL' 36.854 PARKWAYS 18,996SF AMENITIES: 1 POINT REQUIRED BICYCLE REPAIR STATION AT CENTRAL OPEN GRASSY AREA OPEN GRASSY AREA 6,531SF STORM BRAIN AREA 4.134SF ARTERIAL BUFFER 41I69F x 5OII=2058SF Page 24 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan,phasing plan, and conceptual building elevations and floor plans included in Section VII and the provisions contained herein, except that phase 1 maX be modified to include additional building lots on the 1-acre east le of f the project should a public road connection to W. Atomic Street occur. b. Final alignment at the north property line of the north-south local street proposed with the subject applications shall be determined at the time of the second final plat submittal to allow the Applicant flexibility to work with the adjacent developer to the north/northeast—the Applicant shall not be permitted to increase the number of buildable lots with any road alignment revisions. c. Future development of the residential units shall be generally consistent with the required design elements outlined in the Ten Mile Interchange Specific Area Plan (TMISAP) and include second story decks on at least h4f 25% of the future residential units to better comply with the design standards. d. The access to W. Franklin Road is approved as a temporary access until such time an additional public road access is available to the project site (connection to W. Aviator Street or W. Atomic Street); at that time,this access shall be closed OR converted to an emergency-only access with Fire Department approved bollards. e. No final plat shall be accepted by the City until the Annexation and Zoning ordinance and Development Agreement are executed. £ All garages shall be set back at least 16 feet behind the living area facade,per the Applicant's request and consistent with the Ten Mile Interchange Specific Area Plan (TMISAP). Preliminary Plat(PP) Conditions: 2. Appliean4 shall obtain appr-oval from NN41D to install a mier-E) path thr-ough the 00MMoR Wt alffig t pr-oj eet's west boundar-y(Lot 12,Bleek 1) een�aining the Pufdam Cmleh Dr-ain easement and provide -a eepy of the exeeu4ed heense agreement to the Planning Divisien with the fifst final pW submittal in order-to meet the minimum open spA__ ffts OR the ApplieapA shall add a miaim-um of 4,3 0-0 s"af-e feet of additional "alified open spaee to the pr-ej eet in aeeer-d with UDG 11 3G 3. 3. Future development shall be consistent with the minimum dimensional standards listed in UDC Table I I-2D-6 for the TN-R zoning district. 4. The Applicant shall comply with all ACHD conditions of approval. 5. Future development shall comply with UDC 11-3A-7 and UDC 11-3A-6 for any future fencing constructed within the development. Page 25 6. The Applicant shall obtain Administrative Design Review approval for the single-family attached units prior to building permit submittal—this shall be submitted with the first final plat application due to the inclusion of two single-family attached lots in Phase 1. 7. 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. 8. The submitted preliminary plat, dated March 15,2022, shall be revised as follows with the first final plat submittal: a. Revise the plat to include the required revisions to meet the minimum open space requirements as outlined in Condition VIII.A.2 above. 9. The submitted landscape plan, date Mare '5 revised on May 30,2022, shall be revised prior to the first final plat submittal,unless otherwise noted: a. Depict the revisions outlined in Condition VIII.A.2. b. Add data to the landscape plans showing compliance with UDC 11-3B-7C for the proposed parkways. c. Add an additional amenity to the development to include either a children's play structure or a dog park meeting UDC 11-3G-3 and 11-3G-4 standards. e 10. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 11. Prior to building permit submittal for any structure in each phase,the Applicant shall record the associated final plat for that phase. 12. Applicant shall remove any existing structures on the subject sites with the first phase of development. 13. Applicant shall provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15,UDC 11-3B-6 and MCC 9-1-28. 14. In accordance with the approved plans and UDC 11-3A-6,the Applicant shall tile the Purdam Gulch Stub Drain along the north property boundary at the time of final plat submittal for the relevant development phase. Page 26 B. PUBLIC WORKS Site Specific Conditions of Approval 1. To meet the City to and through policy, developer shall be required to continue a sewer main extension from manhole SSMH C1 to the eastern property boundary and install a cleanout for future extension. 2. A fire hydrant is required at the dead end main at the north side of the subdivision due to water quality concerns. The hydrant tee should have a blind flange on the north leg,place the tee as far south of the gravity irrigation pipe as possible to allow for future crossing and vertical offset without having to remove the tee. 3. The water tee to the east near 11+00 requires two valves,with one of those valves being located on the north leg. 4. Provide a fire hydrant at the end of the 8 inch water main to the east on the south end,which shall have two valves. Configure this with a tee and blind flange for future connection. 5. It appears that water and sewer mains run through a landscaped area with a fence. This landscaping and fencing must be reconfigured so there are no permanent structures over City mains and/or easements. 6. As noted in the Geotechnical Engineering Report prepared by Atlas Materials Testing&Inspection, there are shallow cemented soils across the site. Particular attention needs to be focused on ensuring that all residences constructed with crawl spaces should be designed in a manner that will inhibit water in crawl spaces. This may include the installation of foundation drains, and the installation of rain gutters and roof drains that will carry storm water at least 10-feet away from all residences. Foundation drains are not allowed to drain into the sanitary sewer system,nor the trench backfill for the sewer and/or water service lines. Standard Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 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 Page 27 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 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 Page 28 the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridianciU.oMlpublic_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. FIRE DEPARTMENT(MFD) hops:11web1ink.meridiancity.org/WebLink/Doc View.aspx?id=251688&dbid=0&repo=Meridian City D. ADA COUNTY hops://weblink.meridiancity.org/WebLink/Doc View.aspx?id=251863&dbid=0&repo=MeridianCity E. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) hops:11web1ink.meridianciU.org/WebLink/Doc View.aspx?id=254211&dbid=0&repo=MeridianCiU F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) hops://weblink.meridiancity.org/WebLink/Doc View.aspx?id=252443&dbid=0&repo=Meridian City G. ADA COUNTY HIGHWAY DISTRICT(ACHD) httgs://weblink.meridianciU.org/WebLink/Doc View.aspx?id=263133&dbid=0&repo=MeridianCiU H. WEST ADA SCHOOL DISTRICT(WASD) hops://weblink.meridiancity.org/WebLink/Doc View.aspx?id=255719&dbid=0&repo=MeridianCity I. DEVELOPMENT SERVICES SCHOOL IMPACT TABLE https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=258750&dbid=0&repo=MeridianCioy IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Page 29 Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; City Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the Traditional Neighborhood Residential(TN--R)zoning district and subsequent development is consistent with the Comprehensive Plan and the Ten Mile Interchange Specific Area Plan (TMISAP), if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; City Council finds the proposed zoning map amendment and request for different types of residential dwelling types will contribute to the range of housing opportunities available within the City and specifically within this area. City Council finds the proposed development is generally consistent with the purpose statement of the residential district included as part of the application. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Because of the proposed addition of differing dwelling types within a neighborhood zoning district and the general site design, City Council finds the annexation is in the best interest of the City. 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: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat, with Staff's recommendations, is in substantial compliance with the adopted Comprehensive Plan and the specific area plan (Ten Mile Interchange Specific Area Plan) in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Page 30 — Because City water and sewer and any other utilities will be provided by the development at their own cost, City 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; City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire,ACHD, etc). (See Section V and VIII for more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, City Council is not aware ofany health,safety, or environmentalproblems associated with the platting of this property.ACHD considers road safety issues in their analysis and has approved the proposed road layout and street connections. 6. The development preserves significant natural,scenic or historic features. City Council is unaware of any significant natural, scenic, or historic features that exist on this site that require preserving. Page 31 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Water Distribution System Interconnect Agreement Between City of Meridian and Veolia (f.k.a. United Water) Mayor Robert E. Simison E IDIAN*--- - City Council Members Joe Borton Treg Bernt Public Works I D A H 0 Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader 000 TO: Mayor Robert E. Simison Members of the City Council FROM: Dean Stacey DATE: 27 June 2022 SUBJECT: Water Distribution System Interconnect Agreement Between City of Meridian and Veolia On Franklin Road REQUESTED COUNCIL DATE: 12 July, 2022 I. RECOMMENDED ACTION A. Move to: 1. Approve the agreement with Veolia 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 208-489-0386 Kyle Radek, Assistant City Engineer 208-489-0351 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 111. DESCRIPTION A. Background Since as early as 2006, the City of Meridian and Veolia(then United Water) have been discussing the potential for interconnections between water distribution systems. Both Meridian and Veolia operate and maintain robust water supply and distribution systems that are each independently capable of providing service during emergency conditions as required by Idaho Rules for Public Drinking Water Systems (IRPDWS). Interconnections between the two systems will provide an even higher level of redundancy and mitigation in the event of Page 1 of 3 emergency conditions worse that those prescribed by those rules. Interconnects represent the potential for additional supply equivalent to multiple wells at a fraction of the cost. After years of proactive coordination between the two entities, development in each system has created an opportunity to accomplish this objective. The City of Meridian has requested an interconnect with the Veolia water system just west of the Franklin Road and Cloverdale Road intersection. The interconnect would be able to provide supply in either direction at the request of either water system. The two parties have developed an agreement outlining how the interconnect will be designed, built, and operated. The agreement provides for the supplying water system to be able meet their own demands before any obligation to provide for the requesting system, therefore, the proposed interconnect can not be an impairment to either system. B. Proposed Project Extend the existing 12-inch water main into the ACHD property at 4330 E Franklin Rd located where a future collector street and ACHD traffic facility will be constructed. Next, construct an 11 foot by 9 foot, in-ground interconnect valve vault that would contain parallel water mains, gate valves, flow meters, and check valves. This would allow the City of Meridian and Veolia Water systems to share water during mutual agreed emergencies for limited times and quantities. IV. IMPACT A. Strategic Impact: This endeavor would allow both the City of Meridian and Veolia Water to ensure they would have an established source of water they could utilize during emergency situations. B. Service/Deliver pact: Improve ability of both adjacent water systems to have redundant supply to meet customer water needs even during water emergencies. C. Fiscal Impact: Project Costs: ----------------------------------------------------------------------r----------------------------------------------------------------------T------------------------------------------------------------------ Fiscal Year 2023 $103,850 ----------------------------------------------------------------------r----------------------------------------------------------------------T-------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------= 10% Contingency------------------------ -$20,770 Total 1 $124,620 ----------------------------------------------------------------------r--------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------r----------------------------------------------------------------------r-------------------------------------------------------------------+ -Total Project_Cost 1 -$124,620 Page 2 of 3 Project Funding ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Fiscal Year Account Code/Codes 1 $124,620 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 60-3490-96140 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------I r------------------------------------------------------------------------------------------------------------------------------------------- Total Fundi�g 1 $124,620 L----------------------------------------------------------------------L--------------------------------- ------------------------------------------ - - - - - - ---- V. ALTERNATIVES Don't approve the agreement and continue to operate existing water distribution system under current conditions. VI. TIME CONSTRAINTS This agreement needs approval in order to proceed with construction in conjunction with an ACHD project in spring 2023. VII. LIST OF ATTACHMENTS Interconnect agreement Approved for Council Agenda: Page 3 of 3 DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 INTERCONNECTION AGREEMENT FOR EMERGENCY USE (FRANKLIN ROAD) THIS INTERCONNECTION AGREEMENT FOR EMERGENCY USE ("Agreement"), made as of the 19th day of July, 2022 , is by and between the CITY OF MERIDIAN ("Meridian"), a municipal corporation organized under the laws of the State of Idaho with its principal office located at 33 East Broadway Avenue, Meridian, Idaho 83642, and Veolia Water Idaho, Inc. ("Veolia", formerly known as SUEZ Water Idaho Inc), a corporation organized under the laws of the State of Idaho with its principal office located at 8248 West Victory Road, Boise, Idaho 83709, WITNESSETH: WHEREAS, Meridian owns and operates a municipal water utility system furnishing water service to the public in parts of the City of Meridian; and WHEREAS, Veolia owns and operates a public water utility system and furnishes water service to the public in Boise and surrounding areas, including parts of the City of Meridian; and WHEREAS, the distribution systems of Meridian and Veolia both include water mains in close proximity to each other on Franklin Road, about 1,300 feet west of Cloverdale Road, which operate at similar pressures (the "Meridian Main" and "Veolia Main" respectively); and WHEREAS, a connection of the two systems near the aforementioned location would be beneficial to both Veolia's system and Meridian's system in emergency situations, , such as inability to supply adequate pressure or an inability to meet water DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 quality requirements, by allowing each party to quickly receive water from the other system; WHEREAS, Veolia and Meridian now desire to design and construct an interconnection between the Veolia system and the Meridian system (the "Interconnection") to provide a temporary alternate source of water supply for each party on the terms and conditions set forth herein; WHEREAS, the parties wish to set forth their agreement for the design, construction, operation, maintenance, and financing of the Interconnection and all associated improvements by which each party will deliver water to the other at the specific metered Interconnection location and their agreement as to delivery, receipt, and payment for water delivered through the Interconnection; NOW, THEREFORE, in consideration of these premises and of the mutual promises and undertakings hereinafter set forth, the parties hereto, intending to be legally bound hereby, agree as follows: ARTICLE I The Interconnection 1.1 Interconnection. A conceptual drawing of the Interconnection covered by this Agreement is shown on Exhibit A, which is attached to this Agreement and expressly made a part hereof. The Interconnection, when constructed, shall allow for the temporary delivery of water between Meridian and Veolia. The Interconnection will be designed and constructed as discussed in Section 1 .3 below to enable water to flow in either direction as needed. - 2 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 1.2 Applicability of Agreement. The terms of this Agreement shall apply only to the aforementioned Franklin Road Interconnection. Provision of water through any new interconnection that may be constructed in the future between the parties' systems shall be subject to a separate agreement. 1.3 Design and Construction of the Interconnection. (a) The parties agree that the Interconnection requires design and construction and are willing to share the cost of the said design and construction including any easements required by mutually approved plans as set forth below. (b) Meridian, at its own cost, through a third-party design engineer, shall design the Interconnection, draft a Preliminary Engineering Report (PER) and provide said products to Veolia for review and comment. Upon completion of design and PER to the satisfaction of both parties, Meridian will submit and gain approval from Idaho Department of Environmental Quality. Veolia, at its own cost shall complete a PER for the Veolia system supply and demand analysis, as required by IDEA, and obtain approval for the Veolia PER. (c) Meridian, at its own cost, shall: 1) procure a construction contract for construction of the Interconnection from the Meridian side, to and including the meter vault and a connection point for Veolia's waterline on the east side of the meter vault, according to the approved design, PER and appropriate rules for public works procurements; and 2) supply or arrange for the provision and/or performance of all required services, goods, materials, engineering, and construction needed to complete the modifications on the Meridian side of the Interconnection in a sound and workman-like fashion and according to mutually approved plans (collectively, the - 3 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 "Meridian Work"). For purposes of this Article I, the "Meridian Work" shall be deemed to include and comprise all of the completed design, engineering, and construction required for the Interconnection project by this Agreement. (d) Veolia, at its own cost, shall: 1) in its sole discretion, self-construct or procure a construction contract for construction of the Interconnection from the Veolia side, to and including new water main piping; and 2)supply or arrange for the provision and/or performance of all required services, goods, materials, engineering, and construction needed to complete the modifications on the Veolia side of the Interconnection in a sound and workman-like fashion and according to mutually approved plans (collectively, the "Veolia Work"). (e) Because the Meridian portion of the Interconnection will be more costly and time consuming to schedule and construct, it is assumed that the Meridian Work will be constructed first. The Veolia Work may occur before, during, or after the Meridian Work, but shall be constructed and completed no later than 12 months after the satisfactory completion of the Meridian Work. 1.4 Designs and Specifications. Meridian shall supply to Veolia all designs, specifications, drawings, schedules, blueprints, and engineering for the Interconnection project for approval prior to finalization, which approval shall not be unreasonably withheld. 1.5 Supervision of the Work. Except as otherwise provided herein, Meridian shall have the right and obligation to supervise and inspect the Meridian Work including, but not limited to: monitoring and enforcement of compliance with the project documents; approval and acceptance of the Meridian Work; and the review, approval, - 4 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 and processing of applications for payment to contractors and materialmen engaged on the Meridian Work up to and including the meter vault. Except as otherwise noted, Veolia shall have the right and obligation to supervise and inspect the Veolia Work including but not limited to: monitoring and enforcement of compliance with the project documents; acceptance of the Veolia Work; and the review, approval, and processing of applications for payment to contractors and materialmen engaged on the Veolia Work up to the meter vault on the Veolia side. Neither party under this Agreement is in any respect acting under the Agreement as agent, employee, nor representative of the other party to this Agreement and is, in all respects, an independent contractor hereunder. Neither party shall allow any lien(s) related to materials provided to or work performed on the Interconnection project to attach to the Interconnection or any part of the parties' respective water systems. 1.6 Access to and Acceptance of the Work. Each party shall, at all times, allow the other party reasonable access to, and opportunity to inspect, the Meridian Work and the Veolia Work, and before providing emergency water supply under this Agreement, shall have the right to finally accept the same as sufficient for purposes of delivery of emergency water supply in a reasonable manner, consistent with its water system operations and with the terms of this Agreement. 1.7 Permits and Licenses. Meridian shall obtain, at its sole expense, any permits, licenses, or other authorizations required under any federal, state or local law, statute, rule, regulation, ordinance, or other authority for the Meridian Work up to and including the meter vault. Veolia shall obtain, at its sole expense, any permits, licenses, or other authorizations required under any federal, state or local law, statute, - 5 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 rule, regulation, ordinance, or other authority for the Veolia Work on its side of the meter vault. 1.8 Invoicing and Payment for the Work. Meridian and Veolia shall pay their respective contractors, if any, in accordance with their respective contracts and applicable law. 1.9 Ownership and Maintenance of the Interconnection. Meridian shall have all right, title, and interest to, and shall own, the piping, valves, appurtenances, and other improvements associated with 1) the Meridian Work and 2) the Interconnection, including the meter, the meter vault, and all facilities constructed west of the meter vault, up to the point of Veolia's ownership. Veolia shall have all right, title, and interest to, and shall own, the piping, valves, appurtenances, and other improvements associated with 1) the Veolia Work and 2) the Interconnection up to the point of Meridian's ownership. The portion of the Interconnection owned by each party shall be depicted with more detail on the construction plan sheets. Each party shall be solely responsible for maintaining its portion of the Interconnection. . All valves on the Interconnection shall be installed with locking lids and set to normally remain closed and shall be used only as set forth herein. These items will be clearly identified on the relevant construction plan sheets. Each party shall notify the other of any operation or maintenance activities needed, and will coordinate with the other party to provide access to the Interconnection and related facilities as reasonably necessary to facilitate such activities. - 6 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 1.10 Flushing. Flushing of the Interconnection through the valve vault and out the other parties' adjacent hydrant shall be performed by both parties every six months. . ARTICLE II Supplies 2.1 Sale and Purchase of Water Supply (Supplies). In accordance with this Article II, each party shall deliver and sell, and the other party shall receive and purchase, the Supplies through the Interconnection during any Emergency Event that may occur during the term of this Agreement. The term "Emergency Event" includes, without limitation, the inability of one party to deliver adequate pressure or to deliver water of adequate water quality to any of that party's customers. The Interconnection is intended to provide water supplies that are 1) temporary and 2) reasonably necessary to address an Emergency Event. No party shall be obligated under this Agreement to provide Supplies for longer than three (3) months. 2.2 Notice of Intent to Receive and Purchase Supplies through the Interconnection. The Interconnection will be controlled by manual operation of valves by operators of the respective owners who have been trained specifically on the Interconnection. If either party desires to receive water through the Interconnection, that party's designated Point of Contact (POC) shall notify the other party's designated representative as soon as practicable. The designated POC for Meridian is the Water Superintendent (208) 888-5242. The designated POC for Veolia is the Production Supervisor at (208)761-3738, back-up Veolia emergency number is (208)362-7372. The POC that desires to receive Supplies through the Interconnection shall notify the - 7 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 POC of the party to provide Supplies through the Interconnection within four(4) hours to describe the nature and expected duration of the Emergency Event and to describe the anticipated flow and volume of Supplies that will be requested. Notices pursuant to this paragraph may be verbal, but shall be confirmed in writing within two (2) business days, which may be transmitted by facsimile or email to the respective POC. 2.3 Supply. A party's obligation to deliver Supplies under this Agreement shall be dependent upon the availability of water supply, that party's physical and logistical ability to supply water, and other factors. No party will be obligated to supply water if doing so would, in the reasonable judgement of the party, impair its ability to adequately serve its own customers. Prior to supplying water through the Interconnection, the supplying party will confirm its ability to provide the requested flows and volumes and, if it cannot provide the requested flows, will advise the requesting party as to the flow and volume of supplies that can be provided. 2.4 Meter Readings and Tests. Prior to supplying water through the Interconnection, both parties will, at their sole cost and expenses, check and confirm the meter reading(s). Each party shall have the right to access the meter vault at the Interconnection and to conduct a test of meter accuracy. Each party shall bear all costs for maintenance, repair, and replacement of their own meters including recalibration every 3 to 5 years, or replacing the meters if they are found to register inaccurately beyond the American Water Works Association (AWWA) Standards of tolerance. If the meters are found to register inaccurately beyond a range of tolerance in accordance with AWWA Standards, an adjustment shall be made to the bills rendered for service through the Interconnection for the period since the last meter - 8 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 test, but no longer than one year from the date the inaccuracy was discovered. The adjustment will be based upon the product of total consumption recorded by the meter for the applicable time period, and one-half the percentage variance in the accuracy of the meter as determined upon its being tested. 2.5 Charges and Billing Procedures. The parties will each read the meter before and after water is supplied through the Interconnection. The supplying party may wait to bill the receiving party until the Interconnection is closed, or read and bill the receiving party per their current billing practices while the Interconnection is still being used. The rate for service supplied under this Agreement by either party shall be that party's Volume Charge (set forth in Veolia's Schedule 1, General Metered Service, as the same now exists or may hereafter be amended, and according to Meridian's current rates at the time). No "base", "customer", "service", "fixed", "franchise" or "IDEA" fees or charges of any type shall be applicable for billing purposes by either party. Upon receipt of a bill for Supplies, the receiving party shall make payment in full to the providing party within thirty (30) days of the date of the bill. 2.6 Water Quantity, Quality, and Pressure. (a) Each party shall use its best efforts to ensure that the Supplies furnished under this Agreement are potable and in compliance with all applicable federal and State of Idaho laws and regulations in effect at the time the Supplies are delivered to the other party (collectively, the "Water Quality Laws"). Neither party shall be responsible for the quality of water beyond the point of delivery to the other party's system. The latest water quality sampling from either party shall be made available by both parties prior to activation of the Interconnection and throughout its use. - 9 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 (b) While the supplying party shall make its best efforts to provide the flows and volumes needed by the receiving party, it is understood and agreed by both parties that such supply will not be provided to the detriment of the supplying party's system; therefore, the supplying party may, at any time during the use of the Interconnection, reduce or cease flows to the receiving party as reasonably necessary to ensure that the provision of water under this Agreement does not detrimentally impact its system or its customers. The supplying party POC shall, to the extent possible and specifically excluding emergencies or the unanticipated inability to provide sufficient service, provide the receiving party POC at least 48 hour notice before reducing or ceasing flows to the receiving party. ARTICLE III Miscellaneous 3.1 Commencement and Term; Effective Date. (a) The term of this Agreement shall commence on the date on which a final order of the Idaho Public Utilities Commission ("Commission") approving this Agreement with no change to the Agreement's terms is issued, or in the event that the Commission does not assert jurisdiction over this Agreement, then on the date on which that is confirmed by the parties and shall run thereafter for a period of five (5) years. This Agreement shall renew automatically from year to year thereafter, unless either party gives notice to the other eighteen (18) months in advance of its intent to terminate. (b) Notwithstanding the foregoing, the obligations to provide Supplies under this Agreement shall not become effective unless and until this Agreement is approved - 10 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 by the State of Idaho Public Utilities Commission ("Commission") with no change to the Agreement's terms or, in the event that the Commission does not assert jurisdiction over this Agreement, on the date on which that is confirmed by the parties. Immediately following execution of this Agreement, the parties shall prepare a joint application ("Application") to the Commission for approval of this Agreement. Each party agrees to use reasonable best efforts to obtain approval, and each party shall take no action inconsistent with obtaining approval of this Agreement by the Commission. Provided, however, that Veolia shall have the unilateral right to terminate this Agreement in the event that the Commission denies the Application or approves the Application but with conditions deemed by Veolia to be adverse to its operations or business interests. 3.2 Force Maieure. If the ability of either party to deliver the Supplies is precluded, interrupted or impaired, in whole or in part, due to failure of equipment or facilities, leaks, required repairs to facilities, strikes, Acts of God, or other extraordinary circumstances, occurrences or conditions beyond the parties' control, including action by governmental bodies and authorities, then during the period of such preclusion, interruption or impairment, the delivery and purchase obligations described herein shall be suspended. Each party specifically acknowledges, understands and agrees that the obligations of the other party to deliver the Supplies requires only the exercise of ordinary and reasonable care under the circumstances to maintain the Supplies and have such available for delivery hereunder, and that the party delivering Supplies through the Interconnection shall not be liable to the other party for any interruption of, or curtailment in the Supplies caused by circumstances beyond its control. - 11 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 3.3 Remedies. In the event of a party's breach of this Agreement, the non- breaching party's sole remedy shall be to terminate this Agreement upon written notice to the breaching party. A party's failure to supply water to the other party under this Agreement shall not give rise to any liability or claim for damages, whether direct, indirect, consequential or otherwise. 3.3 Condition Subsequent. Each party's respective rights and obligations hereunder are conditioned upon and subject to the receipt of: (a) all necessary, final and appealable zoning, subdivision and land development approvals; and (b) any and all permits and licenses required by federal, state and local governments or agencies thereof to permit the construction and operation of a particular Interconnection. The parties shall use their best efforts to apply for and obtain all necessary approvals, permits and licenses at the earliest time practicable under the circumstances. 3.5 Successors and Assigns; No Third-Party Beneficiaries. This Agreement shall be binding upon and shall inure to the benefit of the parties' respective successors and permitted assigns. This Agreement is deemed to be solely for the benefit of the parties hereto, and no person or entity not a party to this Agreement, including without limitation industries or persons supplied by either party, shall acquire any rights or claims against a party by reason of this Agreement or a party's performance or non-performance under this Agreement. 3.6 Authority and Binding Effect. Meridian and Veolia each represent, warrant and affirm to the other: (a) their authority and power to enter into this Agreement and to make, perform and carry into effect their respective commitments, - 12 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 obligations and undertakings as set forth herein; (b) their authority to enter into and perform each of the transactions contemplated hereby; (c) that except with respect to any consent or authorization that is by its nature only obtainable after execution but before performance of this Agreement, all consents and authorizations requisite to their execution of this Agreement and performance hereunder have been obtained; (d) that this Agreement, the transactions contemplated hereby and the parties' performance hereunder will not violate any federal, state or local law, statute, regulation, rule, ordinance, tariff term or other similar authority application to either of them; and (e) when executed, the Agreement shall constitute a valid and binding obligation, enforceable by each party against the other in accordance with its terms. 3.7 Consent to Assignment. The parties' respective rights and obligations hereunder shall not be assignable or delegable whether by sale, assignment, merger or otherwise without the prior written consent of the other party, except if another entity purchases all or substantially all of the assets of either party, in which case assignment shall be effective upon notice to the other party. 3.8 Amendment. This Agreement may be amended only by written instrument, signed by the party to be bound. 3.9 Entire Agreement. This Agreement embodies the entire agreement between the two parties with reference to the subject matter hereof, and there are no agreements, understandings, conditions, warranties or representations, oral or written, expressed or implied, with reference to the subject matter hereof that are not merged in this Agreement or superseded hereby. - 13 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 3.10 Terms Severable. Should any term of this Agreement be held invalid or unenforceable, such determination shall not render the remaining terms of this Agreement invalid or unenforceable, unless to do so would cause the Agreement to fail in it's essential purpose. 3.11 Notices. Any notices required or permitted to be given hereunder shall be in writing, shall be effective upon receipt (unless otherwise provided herein), and shall be delivered by email, facsimile transmission or by United States mail, first-class postage prepaid, addressed to the parties as follows: If to Veolia: General Manager 8248 West Victory Road Boise, ID 83709 marshal l.thompson(c-)veolia.com If to Meridian: Public Works Director 33 E Broadway Avenue, Suite 200 Meridian, ID 83642 Imcvey@meridiancity.org 3.12 Titles. The titles appearing herein have been inserted for convenience of reference only and shall not be deemed a part thereof or considered in construing the parties' rights and obligations hereunder. 3.13 Time of the Essence. Time is of the essence with respect to the obligations to be performed under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered, effective as of the day and year first written above. - 14 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 CITY OF MERIDIAN VEOLIA WATER IDAHO, INC. DocuSigned by: By: Ld f-L6K FS61& 36665A341309444 Robert E. Simison, Mayor Name: Marshall Thompson 7-19-2022 Title: Vice President and General Manager Attest: Chris Johnson, City Clerk 7-19-2022 - 15 - DocuSign Envelope ID:8A16B1AF-C19F-4B86-9700-ED4EC76AFF50 EXHIBIT A (Conceptual Drawing for Interconnection Project) 5, TOUCHWK WAY ° n E M 4 € E � 3 —————— ——————— ----h— i �XC ae 8 r^ I I i I L_________— _ r r I I .- I � \II aggeAa JJ— I € # I " I n I I — I I I I o 6- k_ S. CA.MRDAU ROit - 16 - E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Memorandum of Agreement with Meridian Development Corporation for Contribution toward 2022 Concerts On Broadway Series MEMORANDUM OF AGREEMENT FOR CONTRlBUTIOti TO 2022 CONCERTS ON BROADWAY This MEMORANDUM Of- AGREEMENT FOR CONTRIBU PION TO CONCERTS ON BROADWAY ("Agreement") is made this I I th of May,2022 ("Effective Date"), by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho ("City").and Meridian Development Corporation, an Urban renewal agency organized under the laws of the State of Idaho("MDC'). NN IIEREAS,City and MDC desire that the plaza at Meridian City Hall serve as a place %N here members of the conlnlunity can gather to enjoy downtown Meridian and to take part in the arts; NN HEREAS,in the summer of 2022, the Meridian Arts Commission will present Concerts on Broadway,a series of live,outdoor performances to be held in the Meridian City Hall plaza;and WHEREAS, MDC is willing to contribute to City ten thousand dollars(S 10.000.00)toward expenses related to the presentation of the Concerts on Broadway series; NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of hich is hereby acknowledged and agreed,and in consideration of the mutual promises and covenants herein contained.the Parties agree as follows: I. CITY'y RESPONSIBILITIES. A. Concert production. Between May I, 2022 and September 30, 2022, City agrees to present at least three(3) free outdoor concerts at Meridian City I lall plaza as part of the 2022 Concerts on Broadway series. Such concerts will include live musical performance,and may include an opening act, food vendor(s). amplified sound,and linlited chair seating. The selection of staff and/or vendors for Concerts on Broadway shall be made by City. B. Publicity. City shall publicize the 2022 Concerts on Broadway series, which publicity may include distribution of information via written and broadcast media, social and online media, e-mail,posters, and a banner displayed at Meridian City I fall. Decisions regarding the time, place,and manner of such publicity shall be made by City. C. Acknm-ledgment of sponsorship. Though the amount contributed by MDC would typically allow MDC to be acknowledged as a title sponsor ofthe 2022 Concerts on Broadway series. MDC's desire is to be acknowledged as a"Tier I sponsor(or like designation). As such, MDC shall be entitled to recognition as"sponsored by,"and have the MDC logo printed on all event marketing materials where sponsors' logos are printed. D. Invoice MDC. City shall provide one(1) invoice to MDC by June 1, 2022, in the amount of ten thousand dollars (S 10,000.00), and City shall use such amount for the payment of expenses related to the production of Concerts on Broadway. MEMORANDUM of AGRFEMFNI FOR MDC's CONCr_RTS ON BROADWAY CON I RIBU rION PAGE I OF 3 II. AIDC'S RESP0N%1R11A1 IES. A. Reimbursement. Within thirty (30) days of receipt of City's invoice, MDC shall provide payment to City in the amount ol'ten thousand dollars ($10,000.00). B. Logo. MDC shall provide City with a copy of its logo, in digital format, for Use on marketing materials as described herein. III.GENF.RAI.TERNIS. A. Term. This Agreement begins May 11, 2022 and shall remain in effect through September 30,2022. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian MDC: Meridian Development Corporation Arts& Culture Coordinator Ashley Squyres, Administrator 33 E. Broadway Avenue 104 E. Fairview Avenue#239 Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement,and supersedes all prior agreements,Understandings, negotiations, representations, and discussions,whether verbal or written,of the parties pertaining to that subject matter. The Agreement may not be changed,amended,or superseded Unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of this Agreement is not in the parties' best interest, by providing thirty(30)days written notice. If MDC is the terminating party,City shall be entitled to receive reimbursement for payments made for services properly performed by City to the date of termination. If City is the terminating party,MDC shall be entitled to reimbursement for a pro-rata share of MDC's contribution for any concerts that have not been presented at the time of termination, i.e., $3,333.33 per concert. If the City decides to cancel all or a portion of the concerts due to concerns related to COVID-19 or other health risks,then MDC shall be entitled to reimbursement in the amount of$3,333.33 per concert cancelled. City's decision to cancel or reschedule a concert due to inclement weather or other Unforeseen event on the day of such scheduled concert shall not constitute termination or breach,and M DC shall not be entitled to pro-rata or other reimbursement in such circumstance. E. Indemnification. To the fullest extent permitted by law and by Article VIII, section 4 of the Idaho Constitution, City agrees to indemnify,defend,and hold harmless MDC and its officers, agents, consultants, and employees Irom and against any and all liability, claims, MEMORANDUM OP AGREEMEN I FOR MDC'S CONCERTS ON BROADWAN'CONI RInUTION PAGE 2 OF 3 i losses, actions, or judgments,costs and fees, including any costs and attorney's fees incurred therein,for damages, losses,or injury to entities, persons or property for any act,error,or omission arising out of or in any way connected with the activities and programs described herein and/or the activities of City and its officers, employees,contractors,or agents related to or connected with this Agreement. F. Sevcrability. 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.The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District,Ada County, State of Idaho. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the i Effective Date first written above. MERIDIAN DEVELOPMENT CORPORATION: Attest* ave 'kinder, Chairman Steve VI ssek, Secretary CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 7-19-2022 Chris Johnson,City Clerk 7-19-2022 MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 3 OF 3 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Memorandum of Agreement with Meridian Development Corporation for Contribution to Traffic Box Community Art Project MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO TRAFFIC BOX COMMUNITY AR'T I'RO,IEC T This MEMORANDUM O)F AGREEMENT FOR CONTRIBUTION TO TRAFFIC BOX COMMUNITY ART I'RO.IECT("Agreement") is made this I I th day of May, 2022 ("Effective Date"),by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho("City"),and Meridian Development Corporation,an Urban renewal agency organized under the laws of the State of Idaho ("MDC"). \VFIEREAS, City and MDC desire that public art will be a component of the Meridian community and to that end,City has Undertaken tile'Traffic Box Community Art project ("Project"). %Within which artwork created by community members will be transformed into vinyl wraps and Used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County I lighway District("ACFiD"),as a benefit to the public; NVIIEREAS,the Meridian Arts Commission intends to work with artists, ACI ID,and MDC to install traffic box Project wraps in fiscal year 2020-21;and NVIIERF,AS, MDC is willing to contribute to City up to two thousand five hundred dollars (S2,500.00) toward expenses related to the Project; NON' ,TIiEREFORE, forgood 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: 1. CITI'S IZESPONSIR11.111ES. A. Project (crap installation. Between May 11, 2022 and September 30,2022, City agrees to invest MDC's contribution in the installation ofart wraps on at least the following intersections Meridian/Waltman; Meridian/Broadway and Meridian/Fairview. The parties intend these funds to be used on Project boxes within MDC's downtown Urban renewal district boundaries. The specific locations must be approved in writing by the MDC Administrator. 13. Selection of artists,traffic boxes. City shall include MDC in the process of selecting artists and/or artwork for transfer onto the Project boxes that are the subject of this Agreement. City shall include MDC in the process ofselecting the traffic boxes for the Project wraps. All Project boxes considered and selected must be located within the Meridian Urban Renewal Area. Regarding decisions related to selection of artists,artwork, or specific installation locations,City shall duly consider MDC input and shall make a reasonable effort to come to consensus; however, City shall be responsible far the final decision regarding selection ofartists, artwork,or specific installation locations. C. Acknowledgment of sponsorship. IfCity decides to acknowledge sponsors of wraps installed as part of Project, City shall acknowledge MDC on the Project wraps that are the subject of this Agreement. 2022 MOA MDC AND CI1Y I-oR TRAI rIC Box COMMUNI I Y Alt I PROJ[CI CON I RIBUI ION PACE I or 3 1). Invoice NIDC. City shall remit to MDC an invoice for each Project box, with receipts for payments rendered to vendor(s) for the Project wraps that are the subject of this Agreement, and shall requetit reimbursement from MDC to City for such payments, in a total amount not to eXcecd two thousand live hundred dollars($2,500.00). 11. MDC's RESPONSIBILITIES. A. Reimbursement. Within thirty(30)days of receipt of each of City's invoices, MDC shall provide payment to City in the amount of each invoice,with the total amount sought for reimbursement not to exceed two thousand live hundred dollars ($2,500.00). 13. Logo. MDC shall provide City with a copy of its logo, in digital format, f'or Use on sponsorship acknowledgment, if any, on the Project wraps that are the subject of this Agreement. C. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent Upon appropriations being made by the MDC governing board for such purpose. IILGENER:IL TERMS. A. Term. This Agreement begins May 11,2022 and shall remain in effect through September 30,2022. B. Notice. Notice required to be provided by either of the parties under this Agreement steal I be in writing and be deemed communicated when mailed by United States Mail,addressed as follows: City: City of Meridian MDC: Meridian Development Corporation City Attorney's Office Ashley Squyres, Administrator 33 E. Broadway Avenue 104 East Fairview Avenue#239 Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and Understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements,understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded Unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement in whole,or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of the project is not in the parties' best interest, by providing thirty(30)days written notice. I f 2022 MOA MDC AND CFI Y FOItTRAH IC BOX COMMUNI f1'ART PROJECT CON"rRIRITI IOy PAGE 2 OF 3 MDC is 1.he'IerminatI _party, City shall be entitled ito rcceivc r-eimbursicnient for tmymcn'Is nmade'For scrvices properly perionmed by City to the date of termination. [ . Indem nilication. 'To the!idlest extent pennilted by law and Iby Article VII I, section 4 of the Idaho(Constitution,City agrees to indemnify,defend,and hold harmless MDC and its of7icers.,•agents,Consultants, and employees from and ragaimsi any;and all liability,ciairris, losses,•aciions, or judgments,(costs and fees, including any 1cosis and attorney's Fees incur red therein, for damages. losses, or injury Ito entities, persons or property Igor ally act,error, or omission arising,out ofOr in-any Wa'y�connecied'with the•activities-and ,programs dca,cifbcd herein and/or the-activities of C ity and its ol'f icers,employees,contracitors, or agents rel5ited to or connected with this Agreement. F. Severability. If any apart of'this Agreement is held to be invalid or trnenforceablc,'sucn Iholding'will 'not ailect the validity orenforceabiGty ofany other part,of th6 Agreement'su long as the remainder of the Agreement its reasonably carmble oftompieiion. The inValldlty or unenforceability of-any[provision ofthis Agreement shall not al`Tect'the odner provisions, and this Agreement steal I be construed in all respects as if any invalid or Unenforcreable provision,were omitted. G. Atppikable Law. The Agreement shall be governed by the laws of file S'tatc of Idalau alid jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County,State of Idaho. IN WITNESS WHEREOF,the parties hereto have ex1ccuted this Agreement to effective bti the date first noted above. ME AN DEVELOPM NT CORPORATION: Attest: G� Dave Winder Chairman StCeVlassek,S retary CITY OF tti1ERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk 2022MOAMDCANnCIIYFORTRArrlc Box CUhINIUNIIYAio PR(UI:CI CON IRInUIION PAU 3oi 3 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of$12,500.00 for Meridian Development Corporation Sponsorship of Concerts on Broadway and Traffic Box Wraps N Q (6 3 x 0 a U_ (6 C T (6 3 cu m 0 y o o m` `/) c z z 0 .o N I N o v N A 3 E o o N CV x E a) i i N N o 0 0 a -0 El❑ ❑ E ti v N E o ;Etf E v°i a y v to a E o Y ? p .o 0 n ' i u YJ m > i/1 to O G J w a +1 o N > r L p o f u u° W o H u E E a o E O z z ro E uj Y z aO.1 OC m m I 7 YI L a _ _ ° U asi u Q s v v o I LL a o, p E E Y E _ L L D _ 8C: o CL o_ o 0 0 4J O /� o 0 o v E5 W a= y (6 O N N N V w E C0 tltl O 4 S5 ~ f° > 0 ^ E a c Q v Q a _ o Q Y i a o Q Q c T +, m N a o u u N o } 0 �=3 N W O 1Ll1 O Lr 1L11 E E O N N f9 FE O N N -° N � N N ti N C) v E N o N ` V} V} V} V} Vf• VT L? in Vn t4 i4 in (y CD LL w m c } H O a j a+ O w C u Cc: w 'D O O � m C w C Y C m •� o O 1L 3 LL 07 a O T OO v u 4— w O m O O O w O F •� m o a H U Qo a Q ~ Q O m 3 ° m` +r a) ° u° a) a` x O v a) ° 3 F- U 0 o ° Q C ° +. in o o m O m v v E ° o a a u F a a v u d O Z LL a w H u H ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti " " ti ti ti ti ti ti ti 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ti - - ti ti ti ti ti - - - - - - - - - - - - ti ti ti ti ti ti ti - - - 6l `o i+ 0 y* O 'o O O O y� E J O O c-I O N N N N J oo oo J J M M N N N M O O O O V a a a a v v v v y V Ln m U V m m E (U H Q m y W W W W 00 00 00 00 W W W W W W W W W W W W W 00 00 00 00 00 00 W W W O QU N N N .--� ti ti ti ti W N N N .--� N N .--� N N .--� N N N �� ti ti ti ti ti ti O W N .� N � >- � m O O O �„" -o C xx 4' xx xc xx Q N O ice. - - - - - - - - - - - - - CA0 0 0 0 0 0 0 O y O O O O O O O O O O O O O O O O O O O ; 0 O O O a o c� cx F N a m 3 x 0 a U_ m S G m T m 3 a m 0 m` P— C C O N O C N L N N �E 3 m _ 0 0 a ` G 0 v a c a n y0 U V 4 ry b JZ O mL y `a c a c ° ¢ � � � w 0 � N C Y m c N E C a) ' N @ 'O °' ❑ o al w E -Q G 0 u z x t Go N c y a) „ m "- o ° ^ ° 0a � � ++ � y � L VI >. v m ;, � o .Q v N "u o � m 0 r - Z o G C Z O C j m c m v c T 3 p Y L «. C m ° ° o 8 c 0 a) c a a `m O aci E - ° Y E Y 4 a N a o LL E E 01 m v a N m c o c a) i O O f+ ar m e o v m c ar 0) Y o c c o� LL C O 1 +' E c 9 y ° O_ Q N u m o m o a E N E u ar ar 0 a) c aa)) $ = E rm ¢ iz Q) u O' O Q O O O c a N O ° o O c �v v G _•, _ Y N u N Z Y O o S S o ¢ 3 rm C N ° O G C = a) N V vl C LL _ _ A A A A A A r- ry U C ai � Qj t N ry� 0 0 u t �`' u aci W l0 N N .Q aJ Y Y y N E U -O 0) N a) L ° O a) N m o m ,) y m 3 =a o O L N 3 a c m N v v T g i.i m 3 LL 3 a) c a, y N n {n V> C ° 0 v e N :Erv. m s Y a) :t a O LL `b " ~o v a) c E u io m 3 } O V Q) �a O 4! a) LL Qj � >- N V c U u Q C y _ N N Y O Y N aJ Ql �i aJ '6 �v O V C a1 w aJ 7 y_ Q1 N vui N •O 'O x E `n V T = 1 O m LL Q� 'O a m - a) j :EO' N — 0 C al m m L L` Y O0 a) c 3 C m 'O C T Y c O C 4J m Z G N 0 £ � `0 ami a) W v V w Y p m0. } N Ql c O C m "O a) m a) u ° ts (U o G u N ° ° ao L v N o 0 10 m U 2 Q) �•' VI L : > V N C O G — a o m o 0 N c 5 � -0c L V c bi -a -° N N a) -O (3) w m L () 0 � �. Y 7 Y y } N `� j L •� '3 y Y N O O N tiN a) a, ai a - a, Eno ar a) c a) L u O:Ll a) L c 0 a) aL+ N L LL O O N O j 7 Q 0 c E C m N C c p C O O M1. N a `� Ql } N N N a/ O m o i 4! 3 m 7 4 E Y O N O y u O ti .-i 7 a) 7 _° N O c N t c m V O v i C G E on ii C7 a m °1 s a, v> v> v> v> v m t,' S ba c ° E E -o o c m 3 c c ac o p 6 c v a) a) m a ao y, s c 'p o G 0 v v c c o O a ba E E m m N E y m fl. O 7 'w c °- ' N in c N -O c O -u9 4 N v O m m w O a) O_ Q o" a1 O L 3 a) y N O LL y L OL c u S 0' _p LL orb' 0 3 ¢ m a Ocu N C '� — N a) V q L V uVi a) O Y O aL+cu m m c O O c a)N a - (� N 0 L L 0 O O 0 0 v1 ¢ c ;a O v0YrF m a v n E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution 22-2336: A Resolution of the Mayor and the City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Paper Originals of Permanent Records Retained in a Non-Paper Medium of The City of Meridian; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 22-2336 BY THE CITY COUNCIL: BERNT, BORTON, CA VENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN PAPER ORIGINALS OF PERMANENT RECORDS RETAINED IN A NON-PAPER MEDIUM OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(7)(a) to, by resolution, destroy paper originals of permanent records retained in a non-paper medium as provided in subsection 50-907(6)(e), upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain paper originals of permanent records of the City Clerk's Office that have been retained in non-paper medium in accordance with the statutory requirements set forth in Idaho Code section 50-907(6)(e); and WHEREAS,the City Clerk has confirmed that the identified paper originals do not themselves arise to having historical value as defined by Idaho Code section 50-907(4); and WHEREAS, upon the advice of the City Attorney, the identified paper originals may now be destroyed pursuant to Idaho Code sections 50-907(7)(a)because the need no longer exists to maintain the identified paper originals of the permanent records any longer. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1: That the City Clerk is hereby authorized to direct and supervise the destruction of the following records of the City of Meridian: 2022 City-Wide Record Destruction List Paper Originals of Permanent Records Retained in Non-paper Medium Record Description Years Community Development Department—Building Division Time Extension Documents including, but not limited to application, staff 1956-2008, 2013, 2014 report, and decision letter. Vacation Documents, including, but not limited to application, associated checklist items and staff report 1956-2008, 2013, 2014 with decision letter. Annexation Documents, including,but not limited to application, associated 1956-2008, 2013, 2014 RESOLUTION AUTHORIZING LIST OF CITY-WIDE RECORDS FOR DESTRUCTION checklist items, staff report, Planning and Zoning Commission Recommendations, and Findings. City Council Review Documents, including, but not (appeal) limited to application, associated 1956-2008, 2013, 2014 checklist items, staff report/memo and decision letter. Comprehensive Plan Documents, including, but not Text and Map limited to application, associated Amendments checklist items, staff report, area of city impact negotiation with Ada County, Planning and 1956-2008, 2013, 2014 Zoning Commission Recommendations, Findings if accompanying another concurrent hearing application. Conditional Use Permit Documents, including, but not Modification limited to application, associated checklist items, staff report, and 1956-2008, 2013 2014 Findings. Development Documents, including, but not Agreement Modification limited to application, associated checklist items, staff report, 1956-2008, 2013, 2014 draft copy of the amended development agreement, and Findings. Planned Unit Documents, including,but not Development limited to application, associated checklist items, staff report, 1956-2008, 2013, 2014 Planning and Zoning Commission Recommendations, and Findings. Final Plat Modification Documents, including,but not limited to application, associated 1956-2008, 2013, 2014 checklist items, staff report, and Order of decision. Preliminary Plat Documents, including,but not limited to application, associated checklist items, staff report, 1956-2008, 2013, 2014 Planning and Zoning Commission Recommendations, and FFCL. Preliminary and Final Documents, including,but not Plat limited to application, associated 1956-2008, 2013, 2014 checklist items, staff report, RESOLUTION AUTHORIZING LIST OF CITY-WIDE RECORDS FOR DESTRUCTION letter of completion, FFCL, and Order of decision. Final Plat Documents, including, but not limited to: application, associated checklist items, staff 1956-2008, 2013, 2014 report, letter of completion and Order of Decision. Short Plat Documents, including, but not limited to application, associated checklist items, staff report, and 1956-2008, 2013, 2014 FFCL. Property Boundary Documents, including, but not Adjustment limited to application, associated checklist items and tentative decision letter, final decision 1956-2008, 2013, 2014 letter, and documents that include recorded record of survey, new deeds, new tax parcel numbers, etc. Rezone Documents, including, but not limited to application, associated 1956-2008, 2013, 2014 checklist items, staff Time Extension - Documents, including,but not Planning &Zoning limited to application, associated 1956-2008, 2013, 2014 Commission or Council checklist items, staff report, and Order. Unified Development Documents, including, but not Code Text Amendment limited to application, associated checklist items, staff report, and 1956-2008, 2013, 2014 Planning and Zoning Commission Recommendations. Vacation Documents, including,but not limited to application, associated 1956-2008, 2013, 2014 checklist items, and staff report. Variance Documents, including, but not limited to application, associated checklist items, staff report, and 1956-2008, 2013, 2014 Findings. Other Land Use Documents including, but not Applications limited to application, associated checklist items, staff reports, and Planning and Zoning Commission Recommendations 1956-2008, 2013, 2014 for various land use application types not covered under other application types (i.e. Private Street) RESOLUTION AUTHORIZING LIST OF CITY-WIDE RECORDS FOR DESTRUCTION Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 19th day of July, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 19th day of July, 2022. APPROVED: ATTEST: By: By Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION AUTHORIZING LIST OF CITY-WIDE RECORDS FOR DESTRUCTION E IDIAN;--- AGENDA ITEM ITEM TOPIC: DEPARTMENT/COMMISSION REPORTS (Action Item) Page 4 D1 > Z� vvz vn n v v — O ^ S p m ? S O J J S f0f N O C) N V m N N O � � N N F+ 7 O O a co w Ln P a o 3 2 =. °2 °� D ° o o m G' E2. m a w '^ n m Q r N a N F O p M 3 N w' s N o o'i v 3 a o 3 3 n o o i^ io o N o � o • • • • • • • • • • • • • • • • in to to to D 3 ,�, m A G) n r_ v m N m m �n m �, a n d °' O 0 N ° ° O O F+ ' F' ' O F+ O O n 0o 0o w r w m A a o' n 3 m 1p a o 02' o a�' O o o v o _. =. w ' ° c x x D o: x 7 3 to a S �O � Pf .� m m C � to N H a m m •2 '° .m, x n � � o � < n FF N - �A 'm » D ° V H N InLn N 3 j p_ VNi •G ° C N 3 A O 3 n bo w x v v m n N v o_ N C Am Go N w Go < ` o A 3 �. M o v m I N V N 3 +n o 0 in yn in v. DD DD 0000000 V nm ^ w ^ n •n~inaan3 3, 3, 3 3 3 3 e m 0o' � m N � � o � 0 000 � < An v n n r d a n \ o o m in o m = 3 'n Fn3 non cam '_! C) m C 3 d n m -O n 3 m o m = m' m y 4 0O O m v » x o 2 e v > > n oao ° n � 5n S ? oein rt � in ry u rr, N in N n 9 C p'p H o N H Q�i O W 00 ' 'G � 3 o CTn C O m w A in » r• N O O O O 00 F T 0 03bo , ^ ,G D N H m M .z rOcCf O m e 0 °° o 13 o N N Yt d � N J N W � 3 3 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Information Technology: Fiscal Year 2022 Budget Amendment in the Amount of$62,000.00 for Fire Safety Center Fiber and Conduit Mayor Robert E. Simison V R,IZD I A N� City Council Members: Treg Bernt Brad Hoaglun C� Joe Borton Jessica Perreault A H O Luke Cavener Liz Strader MEMORANDUM TO: Mayor Robert Simison City Council FROM: Dave Tiede, Chief Information Officer, IT Director Kris Blume, Fire Chief DATE: July 12, 2022 RE: FY2022 Budget Amendment in the Amount of$62,000 for Fire Safety Center fiber and conduit. Summary Requesting funding to install fiber and conduit to the Fire Safety Center a 1901 E Leighfield Dr.The conduit and fiber will connect to Fire Station 3 at 3545 N Locust Grove Rd.This will provide much better connectivity for the employees at the Fire Safety Center and will help alleviate the regular connectivity issues they deal with. The current connectivity causes wasted staff time, affects customer service,this will continue to be an issue until we get something in place.The Internet connection drops regularly,the phones cut out regularly, and there are issues with fire alarm calling out and creating false positives.There is also a need to expand phone service as a new employee will be brought on board this fall. Reason for Amendment The continued issues were brought up this spring, much later than the budget process. We have an opportunity to work with a partner that has an active project in the area,which means the cost to the City to do this is less than half of what we'd normally pay. Recommended Action When presented at City Council meeting on 07/19/2022, move to approve the budget amendment. X N X c O U N N ° � 9 r LL U m T } z z CV N CM N O in It y rn ❑721 O C) �' N O i 04 A i > N C)CN N (14 c ❑❑ ° N 3 � E � v \ � c u d E L° o N o a a F--i Q LL � � a w o O- -6 W ` vv LL �' LL i' v E E 3 in ,_ a o W a M N w E wzz Yz ao i a) E O o c c ~j, C v LL a) E E OC oo O OC a) 4- It-I ++ E LL a O O Y i CO v V �� N _ O O v� CCD E '�" O ns N N ��' w � -� } Op 0 ^� O LL ate. O o E v v nv nv n n nv nv an c N E y v al Ql f6 > Y a � E �_ 0 7 Q na 3 LL L f0 m O H � C Q N Q' 0 c0 u 'a O M in E W O O g v o 0 N E o o F O N O V LL n T Y co u Y 0 N CC C N is O � Y 00 L. aJ YA m 3 v ar WD u c W 0 N O of aJ ,o ;? o w m o F-- o ate+ F a a a c a a 75. 3 N 0 Y N o o c vui M " o O U LL a) Q N a) u N a)0 Cc H J O 'E E O E al O J O ~ J J \ N � N Y \ \ \ (7 n > E U w O E l7 o C7 C7 a o U O O O O O O O O O p O O O O O O O O O O O O O O O O O O O O p O O O E r O �i LL a) O l0 O O O 0 N N N mm O O O O \ O \ \ c y Q y 0 0 0 0 0 0 0 0 "�" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 }+ 0 0 0 N �.d Q m m m m m m m m Q m m m m m m m m m m m m m n m m m m m m Q m m m N d O O N N N N N N N N Q N N N N N N N N N N N N N Q V V W N 0 U- 0 � "O NO O .ti c-I c-I c-I c-I c-I c-I rl i, a-I a-I c-I a-I c-I a-I c-I a-I 0 C) C) 0 0 a-I C) o C) o N o 0 0 0 0 o o o y o 0 0 0 0 0 0 0 0 0 0 0 0 '� o 0 0 0 0 0 ; 0 0 0 o LL LL LL > LL O T x N X r C O U r C m m a ii c w U T w � O U -o nj £ 0 e ti c 3 T rco 0 3 w v -cm -° C £ ° -0 E o ° v a ac v C E ar o m > v j to c > -a 0 3 v o v a u LL `i t', Ur O_ N yr w m o _- E N aJ N w N N y v p G Q E v U 3 N a Y L U LL £ v su no o O a L °- � a y E Z w 9 L" m a Z N C �, a) 3 3 N L °' a r Ln 3 r ovn aJ -0 H n u w E O w w LL E - x v c ar ¢ ° E 'o m v � L ac wa N OC m LL 7 V E n c M aJ h aJ O } Z O_-O +t•. u N O. 7 O_ p Q E a) C O w Gp1p v $ < E v c Y N C E C $ y G O N '� aj a)) L C E a 3 m �^ Y a) c o L o C p a rn aJ O 05 41 G c Om a C 0 O T Q)i u O v UJ 4 a+ m tm L .G a c M 0 0 v F O a o 0 v c O v a N ?_0 U 0 3 a) a+ V/ N LL O LL N 0 m C0 C '> U rz N rpi A A A A A A tD a)N N y p 'a ° E m 3 y ai o a) c r 3 0_ v -o `m o - °J > a0) a = , c o N , g lD N w Y V +L+ Q v O M - °. Ot N N to -0 GJ aJ N v 3 v en $ Fa o c C) u N m m o mc N aJ a o N} = > 3 v w c o w w E _ w LL in vt in v� v � � m oLL Q yL L + O U V N C V Q N U v u — L m _N aJ C m co > ^ v = L u N u 3 ° ° L 0 e ° N ++ F 0 r6 aJ v � O w o p u 3 a w w v ai tio v a) N = ° £ a M a, v c s Q N• _ U Q t G w m t c am -ow L.. •� LL c 3 a E c m aJ >' 3 Oa V C O a) z V = rn J m aJ m ++ m >+ aJ v w v ° ° 3 i vui a s U r rj o ;? �a�J rn n c rco a>J a a 3 r s E Z F m ri m u Q v 0 c LL � LL u aJ 2 m N 2 a wE N N L '6 y al w m '^ ,F O m u aJ ° G V? Vf V? hn a.+ ii ? N 3 V� O m U L On N C 3 L c u D y £ C 7 L a N _vNi al w v v a i E T E ° m 3 u Fa J:k C N 3 sJ w 0- aJ U N �, v °_ aJ p_ ac+ M1. f0 C °_ yr L rm w LL m LL E N c on v s w ° G £ E c a « E m w n n n aJ ,. - v -0 v c £ `o.N al L G -6 i O aJ L in m w LL O O N +' aL.+ 4 O_ -0 m O C Q N C C T O c N O O M1. O rn L `� aJ aJ aJ — a0+ i w 'a a) a O O CO ° `p 3 u3 a > p i c i E r N IND lND N N 7 >, C 00 -O 3 -O -J aJ 30 m h to m 3 G C vmOi O 7 7 c > C p L C " N N O G E LL C< Q o 3 0 3 v ° O o M1• o 'w Q n A A <A L V V 6 a w a V Y N 3 3 2 l H o ° v w c o E 3 _ E UD c m 0 w a Ci On C O 'O '6 C C 3 Y C_ V 'a O) O m w .T N m m is v c O E > ° G ao i+ N u on ra 3 c 'E 0 o m v ao > N £ w m m C V1 m a a -O N m Y Q av,, +� " E E - a) w £ N C w N M 4 Li d w oCL v .0 a v E ° c c o o £ } °aJ Y 0 y c o ° Q v o °u a) ° c 0 3 v 3 ^ 3 c m v m +r N ° E 3 c 0 s o w E L rEo 0 v w a a � N w C f� m U Un aJ ? C c6 > U N ` in N N m w w O N C ^� N C -° L L m v) v aJ v v yo 3 m m u L v v o 0 o c u d O m H W d �--I LL Q N F M V C7 V1 } lD Z I� W 01 H W E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Information Technology: Fiscal Year 2022 Budget Amendment in the Amount of$150,000.00 for Lakeview Golf Course Fiber and Conduit Mayor Robert E. Simison V R,IZD I A N� City Council Members: Treg Bernt Brad Hoaglun C� Joe Borton Jessica Perreault A H O Luke Cavener Liz Strader MEMORANDUM TO: Mayor Robert Simison City Council FROM: Dave Tiede, Chief Information Officer, IT Director Steve Siddoway, Parks and Recreation Director DATE: July 12, 2022 RE: FY2022 Budget Amendment in the Amount of$150,000 for Lakeview Golf Course fiber and conduit. Summary Requesting funding to install fiber and conduit to Lakeview Golf Course at 4200 W Talamore Blvd.This connectivity is key to IT supporting the various technology needs of the Golf Course with the City taking over operations this fall. It is also critical to Finance in supporting the financial operations of the golf course. It will help golf course staff with current needs and requests for enhanced services in regards to their phone system and WiFi, which would be a wasted cost/time to temporarily fix now vs being able to integrate with our current City system when City fiber network is extended to the premise.This will continue to allow us to consolidate support/internet/phone services which means months or years' worth of money saved on these services. Not funding this now will cause all employees that support or run the golf Couse to deal with more issues and spend more time overall. Examples include but are not limited to: separate ISP issues that may need dealt with,troubleshooting of computers that we cannot manage through a centralized means, managing user accounts that are not centralized, file sharing issues for employees, policy and procedures that cannot be enforced. Reason for Amendment The City was not planning to start operating the Golf Course until a later date. Moving forward with this sooner gives the City a chance of having this connectivity this fall instead of waiting until next year, which in turn will allow us to better support the operations of the golf course and save the money on temporary workarounds. Recommended Action When presented at City Council meeting on 07/19/2022, move to approve the budget amendment. x N X C O U c m N N LL d r N r 0 � U 0 m N � r- z z N I N a N t u cv o ❑❑> r O N O c YJm O N ° r OA o c} N .. -- E '( y ° u 0❑ a r I� N F� C Ou ua_ U u u L 'o G O M Y N i v O U N m N v O` R N rn FBI " " d °° d E c ¢ ° � d m' N C > N G W R CO N O 7 u U O ^L^'' O I}i �T� lJ N N LL ° 3 a W N O W ° ° zz z o°, W ~ O m o w l7 o I I a l7 E LL 3 C _ p c i U *' > 3 N � Y C a a C N J N 00 C ++ V y J O v m +' m 6 W to c F N £ O C Ln 0 0) o v .� aim v v v m > Q a a E LL O _ ui m txo +M+ r o 01 v c d E > O a " O u CL 0 F m � a O Q Q c N O 3o N v O OD o r C N u � LL o LL o :, o c� 0 m a) N c m c � o C Q Y Q h > N x C LL V W V O cr a tio aj W e w c c f0 c > >, v 0 v v � @ O x Q m O o o w +' H .S. m d F Q C Q Q ~ Q N U O 3 E s v � U O U U V N LL N C N N U mN N H (0 O O N a N 0C V N a E E v o a Q E U' to cu > E U' d O LL d W U 7Y YL 3L Yk N M } N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O mod+ LL LL F c ai O to O V ti N M �n J N N N M O O O O J J J } N C y U v y O O O O O O O O O O O O O O O O O O O O O O O O O O O y O O O c N y v m m m m m m m m m m m m m m m m m m m m m �, v m m m m m m v m m m } N d Ln Ln in in in in in in k m m m m m m m m m m m m in in in in in in in C in in in LL } G.7 W LL N 7I YL Ik Yk Q N N O O O O o o o o d O O O O O O O O O O O O O O O O O O O ; d LL �y LL LL O LL O 2:1 x N X C O U c m `m a LL a) N 7 O U 0 0 3 d O aa p m v i p O ar m o VY '6 N tlC0 +L+ Ln = N m a p ei w E a o n o 3 a = a U n c r„ c j L ,� e'en E i a) N c Y g v m w ai E .L+ ° m c v m v c Q w E a+Lv a) o z ° v � £ a) ts o v r C N V Y i '6 7 '{/� 7 N m 9 a �° 0 3 = L c cuo H _ v y a 1O b '� E m s f 6 v c > v N v o 3 E (D L L 0Ci ° o v U OA a) L a 7 yu � V d -EO +m E E on ar v 41 c N L L a) m c j a) Q ° E s` o q�4 ° ac m v_ w 'na E c U a E 'tl 0 c 9 Y N a) O — C ate+ L N N C ECL > aj E E a "� a 3 oa 3 -a'o E a) cco vYo v c a s rn a v y °rL o v E v m e N a c a E O 0 i Y E 3 Y a•C y wCL E o v v a) 0° Q a o a a m aj 7 o°a N � L1 E m -6 Q Y O +_•' C a) c O v aL-' = Q C Z' ° c O 0 a @ @ o c o H Z a cm) 3 v ~ y v a o ¢` o m 3 L u ma c c m A A A A ,A A p n• 'rC—. (D v) C } oa L 'p y ,� E M1• a ° = c S .� U w 0- Y Y b y LL v C a) y0 y H p o CL o a a) o a a s (V ti v ovc � v � a, m Q) ° a c 6 in in in .n Nc °m — wc L " Y ooa) °o y o a Em ° E E u w aO (B v u > w cs ami u 3 c `o h °° n Y 0)mi u a ° e o ym c-� `r_ > ai s a a) N -0a a ° o > 0 o 0) > v w M � n O c 2 > -c -° �n a) Y w a m v.v. v. n E ° Y a) a) c Y °- O o c L x O " N m VI m C C L.L C 3 L u Y a) v Q N F T -2 tc OU O C0 ai m Z O O m YO Y N a• c � v v w t +� `o v ° Y o E e U w a o o - ° E 3 o n. m L N y E N m N O m a) Q C fl_ m N ° a1 oa Y N y a) LL a°i - v c° m a a 3 } -0 c E 2 F m ° a Ma E v o M1' �v E v e 8 L `" oL v Y 'f N `o c uo .� ° M o o m Y .o n ri u j p C ° u -O u N CL tc y m o_L c a) v E m w o ° i ^ E o N v m ° o w O m l07 u w is c u —O •O ar o ar m - 3 o 0 0 � o O c m y 3 Y Y Y w a b o m e a oa 5 - y oa u boy aa)) y o -" a) -C v c -C a v E v c a) ,@ c a) c ar > 3 E ° N M = m E y ° a° Y ° 3 0 ° E n o LL _ _ y N a! a) c c E m o_ Y ° d O_ > > 0 u a1 E N > i y E O O N }' C YO ha '°O v a) 7 m 7 a) �n V a 'O O — ° fa +L+ ON a) N m N p aT•, N a) O C i v H C `� L C L i) "6 N C w i (j vi a e E L}L}L} Lf S OU a) 7 YO ° O O f�. O -O U •y Q C CL ° L al i) U vt m O C c .L i oa c ° v � o " E ° u 3 E c a) -' E `o v ar v N v 0 o c c a _ N O m c m y E s w v m m w o �+ ? W a` p oA c t 3 o v m a °° E 3 s �° a) N E °' m y j N L bA j N m ._' O Q y0•, s M -0in vF'i 'E6 c EO O H m c 3 N C L Q Q 3 N O G C N C a) u C N H c O V C N d fo Y Y v1 YO a) _° C Q•V w O' a) 'C N N a1 L C O E }n d m L y L c a v a E c Y - L o LL 3 ° " m ¢ ° oa o w u a ar ^ m 3 a v 3 3 n `o � w Y s E c v O m > o m w o 0 N C m V°1 c Y L �.'' L C fY4 N al m a) N v --' m 7 M m L v >' al as N ° a cC 0 c L ar >> N 0 0 c °i 0 `^ Q +� a c aTi c v o d O U F W o_ �"� LL 3 N F M O (7 i11 } ip Z I� oo Ol Z N u r E_j U