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2022-10-11 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 11, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Mayor Robert E. Simison ABSENT Councilman Brad Hoaglun ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Motion to approve made by Councilman Borton, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton 1. Approve Minutes of the September 27, 2022 Work Session Meeting 2. Approve Minutes of the September 27, 2022 City Council Regular Meeting 3. Prevail Subdivision No. 3 Pedestrian Pathway Easement 4. Final Plat for Alamar Subdivision No. 1 (FP-2022-0027 by Noble Rock Development, Inc., located at 4380 W. Franklin Rd. 5. Final Order for Aegean Estates Subdivision No. 4 (FP-2022-0030) by Engineering Solutions, LLP, located on the east side of N. McDermott Rd., approximately 1/3 mile south of W. McMillan Rd. 6. Final Order for Pollard Subdivision No. 1 (FP-2022-0023) by Brighton Development, Inc, located on the north side of W. Chinden Blvd./US 20-26, midway between State Highway 16 and N. Black Cat Rd. 7. Final Order for TM Creek No. 6 (FP-2022-0024) by Brighton Development, Inc., generally located on the south side of W. Franklin Rd., 1/4 mile east of S. Ten Mile Rd. 8. Findings of Facts, Conclusions of Law for Prescott Ridge Residential (H-2022- 0058) by Engineering Solutions, LLP, located at 3770 & 4184 S. Linder Rd. 9. Revised Contract Between the City of Meridian and Emergency Health Responders to Reflect Updated Pricing ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 10. Proclamation for Cyber Security Awareness Month 11. Appeal of Denial of MSU-22-0097 by Kai Symons Denied Motion to deny made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton 12. Request for Time Extension to Sign Development Agreement for Wood Rose Apartments Approved Motion to approve made by Councilman Borton, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton ADJOURNMENT 4:55 p.m. Meridian City Council Work Session October 11, 2022. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Tuesday, October 11, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault and Liz Strader. Members Absent: Brad Hoaglun. Also present: Chris Johnson, Bill Nary, Dave Tiede, Shawn Harper and Dean Willis. ROLL-CALL ATTENDANCE __X__ Liz Strader __X__ Joe Borton _____ Brad Hoaglun __X__ Treg Bernt __X__ Jessica Perreault __X__ Luke Cavener ___X__ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is October 11th, 2022, at 4:32 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: There are no changes to the agenda -- no changes to the agenda. I move that we approve the agenda as published. Bernt: Second. Simison: I have a motion and a second to approve the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA \[Action Item\] 1. Approve Minutes of the September 27, 2022 Work Session Meeting Meridian City Council Work Session October 11, 2022 Page 2 of 10 2. Approve Minutes of the September 27, 2022 City Council Regular Meeting 3. Prevail Subdivision No. 3 Pedestrian Pathway Easement 4. Final Plat for Alamar Subdivision No. 1 (FP-2022-0027 by Noble Rock Development, Inc., located at 4380 W. Franklin Rd. 5. Final Order for Aegean Estates Subdivision No. 4 (FP-2022-0030) by Engineering Solutions, LLP, located on the east side of N. McDermott Rd., approximately 1/3 mile south of W. McMillan Rd. 6. Final Order for Pollard Subdivision No. 1 (FP-2022-0023) by Brighton Development, Inc, located on the north side of W. Chinden Blvd./US 20-26, midway between State Highway 16 and N. Black Cat Rd. 7. Final Order for TM Creek No. 6 (FP-2022-0024) by Brighton Development, Inc., generally located on the south side of W. Franklin Rd., 1/4 mile east of S. Ten Mile Rd. 8. Findings of Facts, Conclusions of Law for Prescott Ridge Residential (H-2022-0058) by Engineering Solutions, LLP, located at 3770 & 4184 S. Linder Rd. 9. Revised Contract Between the City of Meridian and Emergency Health Responders to Reflect Updated Pricing Simison: Next up is the Consent Agenda. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move that we approve the Consent Agenda as published, for the Mayor to sign and Clerk to attest. Bernt: Second. Simison: 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: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] Meridian City Council Work Session October 11, 2022 Page 3 of 10 Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS \[Action Item\] 10. Proclamation for Cyber Security Awareness Month Simison: So, we will move on to Item 10, which is Department/Commissioner Reports. First item up is a proclamation for Cyber Security Awareness Month. If Director Tiede would join me at the podium. Thank you, Dave, for helping us assist -- do this and it's always great to come down and talk about the importance of cyber security, both for our residents, for our employees and for the community. Well, I guess that is the -- the -- the residents, but our community at large on businesses on this important topic. So, I will just go ahead and read a proclamation and turn this over to you for some comments after that. Whereas the City of Meridian recognizes it has a vital role in identifying and protecting its citizens from and responding to cyber security threats that may have significant impact to our community and whereas cyber security education and awareness is crucial for everyone, including large corporations, small businesses, financial institutions, schools, government agencies, the home user and anyone who connects to the Internet and whereas you can protect yourself by monitoring your accounts, being conscientious of what you share online, keeping computer software up-to-date, using strong passwords, enabling multi-factor authentication, recognize and reporting phishing and using mobile devices safely and whereas you see yourself in cyber campaign serves as the National Cyber Security public awareness campaign implemented through a coalition working together to increase the public's understanding of cyber threats and empowering Americans to be safe and secure online and whereas maintaining the security of cyberspace is a shared responsibility in which each of us has a critical role to play and awareness of computer security essentials will improve the security of the City of Meridian's information infrastructure and economy. Therefore, I, Mayor Robert E. Simison, hereby proclaim the month of October 2022 as Cyber Security Awareness Month in the City of Meridian and call upon the community to join me in recognizing how serious cyber security is and the steps each of us can take to protect ourselves and our community. So, on behalf of myself and Council, Dave, here is a proclamation for you and your team to help memorialize the efforts that you all take in -- upstairs and the larger efforts that are taken in the community from there. So, if we can do a quick picture, then, I will let you speak. Tiede: Just say -- say a couple words here. Cyber security affects all of us, whether at work, at school, at play or at home. Cyber Security Awareness Month every October is a collaboration between government and private industry to raise awareness about digital information security and empowering everyone to protect their own personal information from digital forms of crime. A lot of cyber security awareness articles out there today are about data breaches, ransomware and other things that are pretty scary to us. So, it can feel pretty overwhelming and you can feel kind of powerless against all the things that are stacked up against you. But this month is an opportunity to remind everyone that it is -- there are lots of ways to protect your data and your information and it's easy to do. You can make a huge difference by just following some good practices for basics of cyber Meridian City Council Work Session October 11, 2022 Page 4 of 10 security. So, both the National Cyber Security Alliance and the -- the Cyber Security and Infrastructure Security Agency have some great resources available online that I invite you to check out at the cisa.gov and staysafeonline.org. And with that, thanks. Simison: Thank you, Dave. Thank you to you and your team and even though I told Laurelei to start working with you, Council will probably be having a budget amendment coming, something that we talked about doing with ARPA that we didn't for SCADA to improve our security. So, just a good opportunity to make the initial plug with that. But the Public Works liaison and IT liaison will be having a conversation appropriately in the near future and, then, Council after that, so -- all right. Thanks, Dave. 11. Appeal of Denial of MSU-22-0097 by Kai Symons Simison: Next Item up is Item 11, which is the appeal of denial of MSU-2022-0097. Nary: I can start that, Mr. Mayor. Simison: Mr. Nary. Nary: So, Mr. Mayor, Members of the Council -- and we probably need to change the -- the terminology for these reviews. This is really a Council review. So, when a -- a license is denied, the applicant has the opportunity to request review of that. Really what is being looked at in an application is the person's prior record. If you recall about a year ago we actually lowered some of the years of -- of disqualification for certain offenses and so we took them from five -- from ten years to five years and things like that. So, we worked with the Police Department on what made sense. But what we are looking for is is this the person? Did we follow the process? Is there a disqualifying record. In this case with Mr. Symons there is. In the packet he provided us information about a recent charge in the last year of a paraphernalia case that was dismissed. That wasn't the basis of the denial. The denial was based on the one that was about four and a half years ago. So, he will be eligible in the next -- what is it? Yeah. February. By February of '23 if he receives no other criminal convictions to reapply. But he isn't eligible now. So, I think he was under a misimpression that his denial was based on the dismissed case, when it was actually denied based on an older case. But it is him. We did verify the records -- or Lieutenant Harper does that. He did communicate that to Mr. Symons, which may be why he is not here, so -- Simison: Lieutenant, anything to add to Mr. Nary's comments? Harper: No, sir. Simison: So, with that, Council, do you have enough information to make a motion? Nary: Yeah. I think just a motion to deny -- just a motion to deny the request. Simison: Even though it shouldn't really be a request denial, but a review? Meridian City Council Work Session October 11, 2022 Page 5 of 10 Nary: Yeah. Either, the -- either -- yeah. I -- I think the terminology that's still in the code is appeal. Simison: Okay. Nary: So, it would be a request that -- it would be a motion to deny the appeal. Simison: Okay. Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Based on the information on record and remarks of Council, I move that we deny the appeal slash review, MSU-22-0097. Cavener: Second. Simison: I have a motion and a second to deny the appeal. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the motion is approved. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: A quick comment on that to -- to Legal's remarks. The use of the word appeal is a problem for those instances like this where the -- the role of Council -- if -- if they -- if they have met or not met whatever requirements are in code, if -- if eliminating the appeal process -- or doing something to -- it just didn't make sense. It come -- I don't like it when they come to us feeling as if we have discretion on some subjective basis to grant the relief. We might want to, but we can't. So, maybe for another day those -- maybe this is the only one. Nary: Well -- Council Member Borton -- sorry, I didn't mean to cut you off. We have had this conversation a number of times in my office and -- and -- and the struggle that we have -- and -- and, again, I -- I don't know is -- it is very uncommon in the city for the staff level to review to be the final say in whatever the decision is and that either the Mayor or the Council always gets one more review of it to make sure the process was followed. Now, we have narrowed the scope of them in many cases. The one I could think of that we haven't had in a long time is the Board of Adjustment and we have narrowed what is actually reviewed, but I mean in -- even in these cases, you know, Lieutenant Harper and Lieutenant -- the lieutenants before him always communicated the same thing to the applicant. Here is why you are disqualified. Here is the code. They can't waive it. So, Meridian City Council Work Session October 11, 2022 Page 6 of 10 you know, yes, we probably should -- at the minimum we are going to leave some type of due process review, make it very clear what it is and that it's not an appeal and that it really is reviewing that we did the right thing. Because if you recall we have only had one person who had a case that was expunged and we, then, granted him the license and we said if you would have given it to us beforehand we would have done it before we got here. So, I mean we do try to address this, but that -- that's really our dilemma is that it's so uncommon for staff to be the last word on any particular topic. That's the reason. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess question for Legal. I mean do we need to word it as an appeal of denial? Could we say Council review of basis of denial or something that makes it more clear that it's not like anyone can appeal for any reason. That might help. Just if even the verbiage on the agenda was changed I think it might actually help that situation. Nary: Mr. Mayor, Members of the Council, Council Member Strader, yeah, I think -- I think at the minimum that's what we need to do. We need to at least make it clearer that really what the Council is reviewing is reviewing that the city followed the process properly and that there really isn't other discretion beyond that. Johnson: Mr. Mayor? Simison: Mr. Clerk. Johnson: When I do receive those appeals I -- you know, in this case Lieutenant Harper spoke with him. I also in the appeal gave him a long window to withdraw the appeal. Told him what the process was, what Council's discretion was and what it meant for their appeal to be in the permanent record. So, I did not receive word back that the applicant wanted that appeal cancelled before publication. So, that's why it went forward. But I have successfully -- hate to say talked people out of, but have successfully communicated what the role of Council is in that and had people withdraw their appeal -- or their request for appeal. 12. Request for Time Extension to Sign Development Agreement for Wood Rose Apartments Simison: Council, anything else on this topic? All right. The next item is Item 12, which is a request for time extension to sign development agreement for Wood Rose Apartments. Mr. Nary, do you have anything on this one as well before we ask Ms. Anderson to come up? Nary: Yes, Mr. Mayor, Members of the Council. So, if you recall on the Wood Rose Apartments there is a development agreement and we have a time limit for a development agreement to be signed and an extension can be granted to extend the time of that and Meridian City Council Work Session October 11, 2022 Page 7 of 10 so the time had expired. Ms. Anderson hadn't requested the appeal -- or the -- the extension by that and planning felt very confined on simply allowing it. So, I spoke with Ms. Anderson a couple of times and she's talked to Caleb as well and we felt that because this -- this is such a project that we really feel is value added to the city as a general whole and that because we were looking at some other means and -- and moving -- keeping this project moving forward, the idea of them starting over, paying fees all over again, doing the same thing just to renew their development agreement felt there is discretion for the Council to grant that, that you have the ability to allow an extension now, if the cause is -- if -- if you believe in the reason for the -- the lack of -- of timeliness and that there is a time search and we can get this accomplished, because I know there is a lot of moving parts. So, that was the reason it's here is you do have discretion to grant this if you wish and that -- because the other option is for them to reapply, resubmit, renotice, public hearings, pay the new fees and so we are kind of back at square one and we felt maybe that we -- if we didn't have to go there we would see if the Council was of the mind to do this. Simison: Thank you. Erin, would you like to come forward? If you can state your name and address for the record. Anderson: Erin Anderson. 2238 North Astaire Way, Meridian. Thank you very much, Mayor and Council Members, for considering my request for an extension on behalf of Wood Rose Apartments on the development agreement. As you may recall, we were waiting to sign the development agreement, because we do not own the property. We can't purchase the property -- due to federal funding involved in the project we couldn't purchase the property until we completed a HUD environmental review. A HUD environmental review is a rather complicated and somewhat time-consuming process and so that started in March and we submitted -- they had their findings and they submitted it officially to HUD on September 18th and, then, HUD has about 30 days to review it. So, we are expecting that we will actually hear back in the next week or so. At that point in time we plan on closing on the purchase of the property by the end of the month -- by the end of October. Our purchase agreement expires on November 1st. So, that's the plan. Due to the income restrictions -- the income restrictions in the development agreement on the affordability requirements, we just couldn't see a way to have the current owner sign that, because it's really -- it's the affordable housing development agreement and so I had initiated a development agreement extension request a couple of times and, then, failed to get the final application in in time. It would have been -- it would have needed to be submitted by mid August -- I think August 15th and so here I am asking if there is a way we could get an extension, so we don't have to just go through the whole process again and we are also here to ask a question. As you may also recall, we changed the project a little bit. The last time I was here I mentioned we reduced the unit count. So, it went from 56 -- or 52 units to 46 units. We have eliminated one building and so I wanted to ask also if that's something that needs to be modified in the development agreement as well. So, two things. The request for the extension and, then, the second thing being asking about the -- how that works with the change in the -- slight change in the scope of the project. Thanks. Simison: Thank you. Council, questions -- or, Mr. Nary, comment to the second item? Meridian City Council Work Session October 11, 2022 Page 8 of 10 Nary: I -- I guess -- it's the first I have heard of that, so I'm not totally sure how significant the changes and whether or not that still would be eligible under the -- the way it's currently drafted. So, I would have to talk with the planning staff about that and whether or not an -- an amendment to the DA is going to be necessary. But I think we will have to -- we will have to figure that part out separate and apart from this extension. Simison: Okay. Thank you. Anderson: Okay. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: How long was the requested extension? Anderson: Well, if -- if things go as I'm hoping they do, we would really only need the extension through the end of this month and it -- and if I find out anything different from this HUD environmental review I guess that's the only thing we haven't heard back from them. But we should know in the next week or two on that front. I guess -- you know, I guess to allow for any potential problems with that we could ask for two or three months, something like that. I don't know. I doubt -- because usually before the HUD environmental review is even submitted, any issues are identified and they didn't identify any issues. So, I'm really hopeful that when it comes back it will just be approved and will be fine and we will be able to go ahead and purchase the property. Nary: So, Mr. Mayor -- sorry. Mr. Mayor, Members of the Council, Erin, I think the question we would need is when would the Housing Authority feel comfortable enough to -- that they are the owner of the property, because that's really what's necessary for the owner to sign the development agreement. So, that's probably not three weeks is my guess. But that's -- that's what I think we really need is whatever -- outside number of that -- of when that event occurs that they own -- they own the property to be able to sign this -- I don't know if that's 90 days or -- or more. I just don't know. And that -- that's what I think the date we are looking for. Anderson: Yeah. Well, at this point we are anticipating that would be no more than 30 days from now. So, you know, by the first week of November is what we are planning on. Borton: So, Mr. Mayor? Simison: Councilman Borton. Borton: I was thinking end of the year type. I mean closings get bumped, meetings have to happen to get authority to then sign DAs and it's the holidays and, good Lord, it's a mess. So, I think you have made a good presentation and explanation behind the DA extension, having it relatively soon, but even if it's end of the year, put some urgency on Meridian City Council Work Session October 11, 2022 Page 9 of 10 those folks to act when it's time to act, but still gives a little flexibility for groups to meet and so -- Anderson: Yeah. Borton: -- end of the year would be my preference. Anderson: Thank you. Simison: Do I have a motion to that effect to, direct that or -- Nary: I'm sorry, sir, I didn't -- I didn't hear you. Simison: Well, we have got a -- we have got a party over here that is asking for end of the year to -- and I'm saying if someone wants to put that into motion form at this point in time or more discussion on the topic. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: In light of the record and presentation, I move that we grant the request -- let me make the application reference. The request for the time extension to sign the development agreement for Wood Rose Apartments to the end of the calendar year of 2022. Perreault: Second. Simison: I have a motion and a second to extend this until the end of the year. Is there any discussion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I just want to say congratulations on getting the nine percent tax credit and how competitive that was this year and all the work that you put into that and sticking it out, because I know that it felt like that the -- the process was going to fall apart numerous occasions. So, congratulations on having this all come together and being able to see the light at the end of the tunnel. Anderson: Thanks. I think my mic's off, but -- maybe it's on now. Thank you. And -- and all of you played a -- a part in -- in that success. I'm sure the support from the city was -- was critical to -- to the success and so I thank you all very much. Thank you for mentioning that. I -- I meant to have a moment to celebrate that fact as well. We are technically still in the appeal process. The applicants -- any applicants that did not get Meridian City Council Work Session October 11, 2022 Page 10 of 10 selected have an opportunity. We are still in a window where they can appeal and so the official notices haven't gone out, but it's -- it's really exciting. Simison: Are there further discussions on the motion? Okay. If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, nay; Bernt, yea; Perreault, yea; Hoaglun, absent; Strader, yea. Simison: Four ayes. One no. Motion carries. MOTION CARRIED: FOUR AYES. ONE NO. ONE ABSENT. Anderson: Thank you. Simison: Thank you. Council, we have reached the end of our agenda. Do I have a motion to adjourn? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 4:55 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) __________________________________ ______/______/______ MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: _____________________________________ CHRIS JOHNSON - CITY CLERK Meridian City Council Work Session October 11,2022 Page 10 of 10 selected have an opportunity. We are still in a window where they can appeal and so the official notices haven't gone out, but it's -- it's really exciting. Simison: Are there further discussions on the motion? Okay. If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, nay; Bernt, yea; Perreault, yea; Hoaglun, absent; Strader, yea. Simison: Four ayes. One no. Motion carries. MOTION CARRIED: FOUR AYES. ONE NO. ONE ABSENT. Anderson: Thank you. Simison: Thank you. Council, we have reached the end of our agenda. Do I have a motion to adjourn? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 4.55 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10-25-2022 By Brad Hoaglun, Council President ATTEST: CHRIS JOHNSON - CITY CLERK w IDIAN� AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 27, 2022 Work Session Meeting Meridian City Council Work Session September 27,2022 Page 12 of 12 Hoaglun: I move we adjourn. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 10-11-2022 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 27, 2022 City Council Regular Meeting Meridian City Council September 27,2022 Page 39 of 39 MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:45 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 10-11-2022 ATTEST: CHRIS JOHNSON - CITY CLERK W IDIAN� AGENDA ITEM ITEM TOPIC: Prevail Subdivision No. 3 Pedestrian Pathway Easement ADA COUNTY RECORDER Phil McGrane 2022-085752 BOISEIDAHO Pgs=5 VICTORIA BAILEY 10/12/2022 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0245 Prevail Subdivision No. 3 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 11 th day ofCLCtober, 2P 2.2, between hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any perrnanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 01/01/2020 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: Dougla R McMaster wr�' STATE OF IDAHO ) ) ss County of Ada ) � - b This record was acknowledged before me on. (date) by 17ftaGG/ (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 Triple D Development Inc (name of entit on behalf of whom record was executed), in the following representative capacity: T Director (type of authority such as officer or trustee) (stamp) Notary Si aturMy Co KENT BROWN COMMISSION t132341 NOTARY PUBLIC STATE OF IDAHO W COMMISSION EXPIRES 07=00n Pedestrian Pathway Easement REV. 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-11-2022 Attest by Chris Johnson, City Clerk 10-11-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-1 1-202�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 Pedestrian Pathway Easement REV. 01/01/2020 EXHIBIT A DESCRIPTION FOR PREVAIL SUBDIVISION NO. 3 CITY OF MERIDIAN PATHWAY EASEMENT A portion of Gov't Lot 1 of Section 31, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the W1/4 corner of said Section 31 from which the NW corner of said Section 31 bears North 003756" East, 2641.54 feet; thence along the West boundary line of said Section 31 North 0037'56" East, 1,320.77 feet; thence leaving said West boundary line North 89039'29" East, 80.01 feet to the NW corner of Lot 1, Block 1 of Prevail Subdivision No. 1 as filed in Book 120 of Plats at Page 18715, records of Ada County, Idaho, said point being on the East right-of-way line of S. Meridian Road and the REAL POINT OF BEGINNING; thence along said East right-of-way line North 00037'56" East, 207.00 feet; thence North 89039'29" East, 14.00 feet; thence South 00°37'56" West, 207.00 feet; thence South 89°39'29" West, 14.00 feet to the REAL POINT OF BEGINNING. a� a 7729 0 F O �G.CP Page 1 of 1 Exhibit B BASIS OF BEARING rn NO'37'56"E 2641.54' w N cm Ln w 1320.77' 1Q, (n In X c., c- a S. MERIDIAN RD. o 0 I l NO'37'56"E 207.00' °') SO'37'56"W 207.00' z � I D C N I O O ` cND a7 a r to ca I I M o a fZ C m P O w p p w O I CO r r,$ OR m Z o 1 Cn E m I I 0 a Xt � D o I N I � o m � c-v M r m I I 00 m O r � g Z w I r e = C-) 9 I I wo I �o �I .00 U m m o O t° m oo�m N ur >O m y o h b I � I b b I c o 0 I >rn �Om N mix z <M= I m I s� D_:Utp I N I rn 5:0 CDI �o I >o CDZI I O 0 OI �R CDC z (n p [ Z I O >j ZD� � PR i w oZ ZO p 0o ��iyS m I I m J I I m p D c� ° S� z K O !'� ' N C4 I z I�' �AF yo 2I0?�� aV L LV7dNl1 \f m 0 NJ O m l co aa> �Z N0 O N F p Ln E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Alamar Subdivision No. 1 (FP-2022-0027 by Noble Rock Development, Inc., located at 4380 W. Franklin Rd. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/11/2022 Legend DATE: Project Location TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner - 208-884-5533 SUBJECT: FP-2022-0027 Alamar Subdivision FP LOCATION: 4380 W. Franklin Road,approximately 1/4 east of N. Black Cat on the north side of Franklin,in the SE 1/4 of the SW 1/4 of Section 10, Township 3N, Range 1 W. I. PROJECT DESCRIPTION Final Plat request for Phase 1 development to include 17 single-family detached building lots, 10 single-family attached building lots, and 4 common lots on approximately 3.71 acres of land in the TN-R zoning district,by Jeff Wrede,Noble Rock Development Inc. IL APPLICANT INFORMATION A. Owner/Applicant: Jeff Wrede,Noble Rock Development Inc— 13601 W. McMillan Road, Ste. 102-162,Meridian, ID 83642 B. Design Professional: Derritt Kerner,Rock Solid Civil—270 N. 27th Street,Boise,ID 83702 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0005)as required by UDC 11-6B-3C.2. The submitted plat includes the same number of buildable lots permitted for phase 1 as outlined in the conditions of approval for the preliminary plat. Furthermore,the submitted final plat depicts the required street buffer to Franklin,parkways, temporary access to Franklin, and the correct amount of common open space as previously approved for this phase. 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. V. EXHIBITS A. Preliminary Plat(date: 6/l/2022) PRELIMII\ARY PLAT FOR _ �J ALAMAR SUBDIVISION RE V4 OF THE SW IM OF SECTION 10,T.3N.,RAW.,S.M. MLRIOIAN,AOA COUNTY,IOAHO vxoaecr s�r� 2022 .........M..,,.m..,M.. �� I '. j N ,. — Neel - - — i=eao - 4Tcn;trY nckr y f V:e w,.. 1� I c�urawznc¢xn �d 1 �... fT x ,I 'I 5 J T 4 °L JL r _ A sN sL s _ x — — € �5. �,�„ X�;'-JJ iJ M Page 2 o c •� y. J1 • � �Z��nM ii ..al9�i'Y�L li9 F' :p ¢ • Ia __ 1 �_— I s� � � - - - ;s �4 _ fl f sF 'S+ yY k4 ��tcal F I1 s�x ` i I • � y+�lTT�_ Page 3 B. Final Plat(date: 8/5/2022) e PIA7 SHOWNC &[ PG. ALAMAR 5UMMS)ON NO. I a 14p17E0 N THE SE 1/4 OF THE SW 1/4 OF SECTCN 1CI T 3 JC R 1 M,9M.ADA CPV1 .IDAHO 7C]73 q_k.- LMv r_VRVF DATA I �-------- — - — -- - - - - — - - -- -------- -r .Y------ - ----------- - -----*--=r m_ Ip 41N.4N41tir: � S Jp — F=>�l.' I� A M. 4 _ .,. S J J _ __—_---_—_—M f3J-AEC osrn Ai81C�- I •� I 4 ,]'` �Yr rl -s cv oror � I p i �..• � f n���:>:��r�;a;P tw�..p�'p PY4iP He.aro.f„r„o �.r afp�oV CiCCCPiP r,Pmr,t!.'otia� � �•.ti SAlAAEP.MAY Ia.YE _ irfi '!,"r aR� / #W-oVC,li.P-tyC xr4. '�8>+i,, /�4 Pff o{,4Pn VofC a�KC!✓I•C]a �#GG ��wwrr>..• .S'� �d �•''i� ���� -- �1 -- a0.'C Wxio-pG-..r •.I ••-•—� L_— _''} T ----N9�0 PprW.a.4o VCnW VK + }�v SfI1p�15.P[1C. 9 19Lf111"lm1G n7Lr- tV.r q,P'o—o r:lG4fV..4L[['r SlVi Y53lV�R1PIIriS.La iV�w1{SSrtrosv.o.r # UT w.33Ww #1rrr1 1�# Page 4 C. Landscape Plans(date: 8/8/2022) B \ z MIR mid s .A � Aj RON w as 5 WIgF $ s � g� R ME I " r _ 9 $ a - 133C W —R^NI<LII\ e e r,r�ri OPEP E.V.iNEEP- ncCEL: .ti!+apt rcucrc r,F VFr nrnr m! :cr ur r;ray.^ a?so w:xpNKury Riau ql Apt"AR r�7i U'I C�r�' _EFF WPELF CE44' ':_7�-R k1:F I..i 11r1�:i^E6li:3 ��°�v 5LISE,iD B3 109-1,S➢93]02 urRl➢i4N,:LHiIE 2+70 7�7 7234 2L6 4E 3E77 Page 5 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-2022-0004 (AZ,PP, DA Inst. #2022-065010). 2. The applicant shall obtain the City Engineer's signature on the final plat by June 21,2024, within two(2)years of the date of approval of the preliminary plat findings(June 21, 2022), in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to building permit submittal,Administrative Design Review approval is required for the single-family attached lots within this phase of development(Lots 14-17,Block 1, &Lots 1- 6,Block 3). 5. The final plat shown in Section V.B,prepared by Engerbritson Land Surveys, stamped on 8/5/22 by Michael R. Engerbritson, is approved with the following conditions to be completed at the time of Final Plat Signature: a. Revise plat note#11 referencing the Development Agreement to start with: "The Lots in this subdivision are subject to provisions contained within...",- b. Plat note#6: add recorded instrument number. c. Plat note#7: add recorded instrument number. d. Plat note#12: add recorded instrument number. 6. The submitted landscape plans, as shown in Section V.C,prepared by Rock Solid Civil, dated 8/8/22, is approved with the following conditions to be completed at the time of Final Plat Signature: a. Add a note or calculation table line item depicting the linear feet of parkway and the required and proposed number of trees showing compliance with UDC 11-3B-7C. 7. 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 of Approval 1. Existing water main into site has a blow-off valve. Callout removal of the blow-off. 2. Make sure there are no gaps between the utility easement and the ROW. 3. Blow-off at north and east end of phase(page 6 and 7)must be per standard drawing W 13. 4. City would prefer SSMH-A2 to tie-in directly to existing manhole on Franklin Rd. 5. Sewer easement varies depending on sewer depth. Sewer 0-15 ft deep require a 20 ft easement, 16-20 ft a 30 ft easement, and 21-30 ft a 40 ft easement. Adjust easements accordingly. Sewer must be centered along easement. Page 6 6. Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls, fences, infiltration trenches,light poles, etc.)are built within the utility easement. 7. Ensure no sewer services pass through infiltration trenches. 8. 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. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-313-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. Page 7 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancioy.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. Page 8 w IDIAN� AGENDA ITEM ITEM TOPIC: Final Order for Aegean Estates Subdivision No. 4 (FP-2022-0030) by Engineering Solutions, LLP, located on the east side of N. McDermott Rd., approximately 1/3 mile south of W. McMillan Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 27, 2022 ORDER APPROVAL DATE: OCTOBER 11, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 40 BUILDING ) CASE NO. FP-2022-0030 LOTS AND 6 COMMON LOTS ON ) 9.92 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL AND R-8 ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT AEGEAN ESTATES NO. 4. ) BY: ENGINEERING SOLUTIONS, ) LLP ) APPLICANT ) This matter coming before the City Council on September 27, 2022 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING AEGEAN ESTATES SUBDIVISION NO. 4, LOCATED IN THE SW 1/4 OF THE NW 1/4 OF SECTION 33, TOWNSHIP 4N., RANGE 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 07/26/2022,by CLINTON W. HANSEN, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AEGEAN ESTATES NO. 4 FP-2022-0030 Page 1 of 3 SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 27, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Becky McKay, Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AEGEAN ESTATES NO. 4 FP-2022-0030 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 1 lth day of October , 2022 By: Robert E. Simison 10-11-2022 Mayor, City of Meridian Attest: Chris Johnson 10-11-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 10-11-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AEGEAN ESTATES NO. 4 FP-2022-0030 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/27/2022 legend - DATE: Iff Prc jE-1 Lc=liar C-15 TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 � SUBJECT: FP-2022-0030 Aegean Estates No. 4 RU T LOCATION: Generally located on the east side of N. McDermott Rd., approximately 1/3 mile south of W. McMillan Rd.,in the NW RUT 1/4 of Section 33,TAN.,R.1W. ' 7-111 I. PROJECT DESCRIPTION Final plat consisting of 40 buildable lots and 6 common lots on 9.92 acres of land in the R-4 and R-8 zoning districts for the fourth phase of Aegean Estates Subdivision. II. APPLICANT INFORMATION A. Applicant: Shari Stiles, Engineering Solutions,LLP— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 B. Owner: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2017-0114)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots is the same and the amount of common open space increased. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 IV.DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (dated: 7/31/2017) i_r i 4 � i i - -`r��_4�•�, r 1't 1 1'i 'w--� �f'` }.. �.ili..,.. lj 71 .wa.o®nc n..xs scum ate. t----tea yt I I �• + ' i� ~-'� ---� �y'r _-`y I - ..- , F__ �' � !� +'. G�--_�Sim--f__rt_--i` j' 'lrli,' I � - f ~ �4 ,1 � • 'L 5'!R� �__ WE zW,rcrs § !E E �gyyyi4e A .t a � - - r'�T 'i -a 's o-a Y� e y I � I"_ �'• y �gg --- --_--.__—_— �i ! t! k,E A� m i� _ .7. e�.e e�• .�.e.tea � � �•�"�" IM, 1aa14f •-� minM-----T-------Y----- u•eie%WPr•�em,uH � � * sm ,OF 5 i i eLr PRE-1 B. Final Plat(dated: 7/26/22) PLAT SHOWING WQK.—,PAGE JMOMAX EST MA Iilow BUBDIrV rS' GN No. „mr LOCATED IN 11L SW 1/I CF IHIE NW 1/1 OF SECTION 33, 1.1N_ H.M.. "ERIDIAN, AOA LEA zs'za�0a CQUN TY, IDAHO 2022 NS;awwP-PFr we , <)QIIFIIIINE I IAr IIIE I I F�Psc(p.LN{ I� I i - I I __. .. P♦I®y1C U11NY,PiE59.lE MiiA1N, I 'yEko Ulm ST.,- REeiL EASIN{Nrt I+X[- - AE4EN1 EST111E5 AW.N1 r _______ Pil.p F_W.9 lean 1 - -. 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Landscape Plan(dated: 08/16/2022) T --j--- t+nr scr,ec ok kt Ft 44 ~ H 1 II�' � �� ` �_� � ��. • . a_ aft t •. { 4V�lY��� yI��I�IF Ll ,.u� Fitt ...�sn� A•+.:� �� - Mir.nl4 -�.n,� T = �� �-y-�� !���f 0 t. A- I'— VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2017-116562) and preliminary plat(H-2017-0114) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions, stamped by Clinton W. Hansen, dated: 7/26/2022, included in Section V.B shall be revised as follows: a. Include the recorded instrument number of the existing ACHD permanent easement in the Legend. b. Note#12: Include the recorded instrument number of the temporary ACHD License Agreement. c. Note#13: Include the recorded instrument number of the NMID license agreement. d. Include the Book and Page numbers of the Aegean Estates Subdivision No. 3 plat. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by Jensen Belts Assoc., dated 08/16/2022, included in Section V.C, shall be revised as follows: a. Include the fencing type shown along the east side of Lots 12 and 20,Block 5 in the Plant Schedule. 6. If 2-story homes are constructed on Lots 29-37,Block 3,they will be highly visible from N. McDermott Rd., an arterial street. Therefore,the rear elevations of 2-story homes shall incorporate articulation through changes in two or more of the following: material type, projections,recesses, step-backs,bays,banding,pop-outs,porches,balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single-story homes. 7. The Five Mile Creek feeder/McFadden Drain shall remain open and not be piped or otherwise covered,and shall be protected during construction. 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. All fencing shall comply with the standards of UDC 11-3A-7C. 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. Page 5 B. Public Works Site Specific Conditions: 1. Dead end water main at the south end of Delphi Ave must end in a fire hydrant rather than blow off. 2. Provide the following streetlight numbers on streetlight plan: 56090, 56091, 56093, 56094, 56095, 56096. 3. The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. 4. Ensure no sewer services pass through infiltration trenches. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. Page 7 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888- 5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 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. EXHIBIT B Sonya Allen From: Becky McKay <Beckym@engsol.org> Sent: Tuesday, September 20, 2022 12:53 PM To: Sonya Allen Subject: RE: Aegean Estates No.4 FP-2022-0030 Staff Report for 9/27 Council Meeting - REVISED External Sender- Please use caution with links or attachments. Thanks Sonya. We are in agreement with staff report and conditions of approval. Have a wonderful day. Becky McKay, Partner Engineering Solutions LLP 208-938-0980 1029 N Rosario St., #100 Meridian, ID 83642 ENGINEERING From: Sonya Allen <sallen@meridiancity.org> Sent:Tuesday, September 20, 2022 12:42 PM To: Clerks Comment<comment@meridiancity.org> Cc: Bill Parsons<bparsons@meridiancity.org>; Becky McKay<Beckym@engsol.org>; Shari Stiles<Sharis@engsol.org> Subject: RE:Aegean Estates No.4 FP-2022-0030 Staff Report for 9/27 Council Meeting- REVISED I updated the staff report to remove the condition pertaining to property in the floodplain since the project is not in the floodplain. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 C,-,(f � Built for Business, Designed for Living 0®©0 Q All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. From: Sonya Allen Sent:Tuesday, September 20, 2022 10:53 AM To: City Clerk- Land Use Items (comment@meridiancity.org)<comment@meridian city.org> Cc: Bill Parsons<bparsons@meridiancity.org>; Becky McKay (beckvm@engsol.org) <beckvm@engsol.org>; Shari Stiles 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Pollard Subdivision No. 1 (FP-2022-0023) by Brighton Development, Inc, located on the north side of W. Chinden Blvd./US 20-26, midway between State Highway 16 and N. Black Cat Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 27, 2022 ORDER APPROVAL DATE: OCTOBER 11, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 11 BUILDING ) CASE NO. FP-2022-0023 LOTS AND ONE (1) COMMON LOT ) ON 51.56 ACRES OF LAND IN THE ) ORDER OF CONDITIONAL C-G ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT POLLARD SUBDIVISION NO. 1. ) BY: BRIGHTON DEVELOPMENT, ) INC. ) APPLICANT ) This matter coming before the City Council on September 27, 2022 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"POLLARD SUBDIVISION NO. 1, A PARCEL OF LAND SITUATED IN THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 07/19/2022, by AARON L. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK NO. 6 FP-2022-0024 Page 1 of 3 BALLARD, PLS, SHEET 1 OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 27, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Josh Beach, Brighton Development, Inc., a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK NO. 6 FP-2022-0024 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 1 lth day of October , 2022 By: Robert E. Simison 10-11-2022 Mayor, City of Meridian Attest: Chris Johnson 10-11-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 10-11-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK NO. 6 FP-2022-0024 Page 3 of 3 EXHIBIT A STAFF REPORTC�WEII� 1 �� COMMUNITY DEVELOPMENT DEPARTMENT DATE: 9/27/2022 Legend TO: City Council Prat Lmulm FROM: Sonya Allen,Associate Planner 208-884-5533 RUT SUBJECT: FP-2022-00231 ! Pollard Subdivision No. 1l1 R-.15 PROPERTY LOCATION: 700 S. Wayfinder Ave., in the NW 1/4 of � Section 14,T.3N., RAW. RUT RUT R R-. R;8 R-8 R- i I. PROJECT DESCRIPTION Final plat consisting of 11 building lots and 1 common lot on 51.56 acres of land in the CMG zoning district for the first phase of Pollard Subdivision. II. APPLICANT INFORMATION A. Applicant Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 B. Owner: Michael Hall, SCS Investments,LLC—855 W. Broad Street, Ste. 300,Boise, ID 83702 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2019-0021) as required by UDC 11-613-3C.2. The proposed final plat depicts 15 fewer buildable lots than shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary as required by UDC 11-6B-3C. Note: The Applicant confirmed the existing right-of-way and easements depicted on the preliminary plat have been vacated. 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(dated: 1/10/2019) POLLARDSUBMV€S€ON PRELIMINARY PLAT vow"Mo''�°00 1 A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUrTHEAST 1/4 OF THE SOUTHWEST 1/4 - — ANDTIIE SOUTHWEST 1/4 OF THE SOUTHEAST 114 OF u+j SECTION 21,TOWNSHIP 4 NORTH,RANGE 1 WEST.BOISE MERIDIAN,ADA COUNTY,0AHO rauno sumrumaN IRIM NeawrCW,AM+' 6 IE6EN0 rneu Nxuwr PIRr wrA la J 4!w y � Y 0 W �' � R o) E9 N �@�®® R B � ® H-8 •,v k" �� .'•u'•••••• RUT B -O O 9 C I i® ref B L ©® I ®!9 F§&�O d 4$ffi 9 9] ® 7ll9HYmMIROE N616 :A'�'P '.grt', REMWO ® ` ® RINIXdr GPJ41'lINSS R ��' p p O 4 ro O 0 ® fil E �t Wrx¢ wurnv ate• •.�••."� N'B m tUAwon mranras panueN7wl O UJ p tlu _ m�nr�ro�i ioiiEee�s poouMt`�u nor roe w.,,xucron POLLARDD SUBMISl4N ..w w =n rn - Fri- =m �PPI.O ... Page 2 B. Final Plat(dated: 7/19/22) aural: POLLARD SUBDIWIGN No,1 RRUM Of IANDR-U MA POI MW IN ng IWRKAT 30 CFT!1OTf'PMT LM 90 TK VOIRWAnT W 6f Tx11L OPM1 LM Or x{n411 3J.IffAw91R l aN WN.VII H 1 tW.514. 1 Pn!91 MIIR+h IM'vum. 14.jai I I '�� I YAK h'• w 3s'sm LI. 71R'�fVIIY rrw n-L I I T'S4TAZ•NO1 a.fdG �- !f'�'YR El. IS' f �� I �' I b..-•w 41� .i1f YY�f I UMS71�! ' I N711P•R'If`T I I 4 Y' r K'Yu wrrn`.1 +ti rII y�� I I --- -------• Y -------------- I I ..r`• CD f--------- ---±----- _ I r ' xs Lam, - - -- -- - �.p wm- ; - I 141r # FirJfl]1� JrW T +ffM1 fill' _ - 'M••1f7 QaY�.'� - I «--- -' Q ___' ___ , _ - �'F�'II� 11r .ifM r/P!ISM 11171 ! w a�.}�{ly.r • `� 4Y� 1 p rA.r 4+F.i.•1.I M r•m y • F'..�r-'Iris fr rtr•w -1 �+ ww.rr xwonfn 7.L.!IV-pm-P !+.54w Pipy�11 f �r o'wwd•wl../I y � ,rr� 11r 1�IP.VMOiY+�M11 12{E9 - e..1e+M Ne ��L 1rr�i�f4 Ml�a.ws.n r.o. 7•�� 1 Y��.1 1.'�Y `--`__-� �.�r px■n-.I w rin�xlw•ya tea.r��.I.n w•.s {¢I�¢Nli¢IS Page 3 RAY Ur K YYYYPYRL' POLLA�LII SV$UI4h5F4f+N4.1 TU. �r LJ Yee ' _ ' -------------. - ---------- -EDrporabm hApd . * , FuTaF PDLLdRD SURDIV19ON Me.i — yy � � • =- i • omw +I I m i� r --T ---s — -. — —_ r ------- -------------------- sh I �.� Page 4 C. Landscape Plan(dated: 7/19/22) r I• y� ' 'I •I I'I I _ I ��IL'... � } I �� "'nsruia.«raaii�uev'aiu� ���-. _. __-_ � - _='��+--- - ^_ � �' ._ �_ _ •_ � - �-ram r- LANOSCAPECOVER - �— - - '- - •- �":-- }S �`7ti71 AEK76 _ —A f{SlW%1S SIR FY--i+.4 7--%G R'4 17 MLL �- wn a,+ewer' '"— -bl•.*S Jghk 7 S: �L"'. u G Page 5 7-7 71 ry- 11 ��••�•_•.-_ TT�4T'Sti'+r Y_ bm9�Ef�v �ina�arvr. �• h -oz- Mtn 1 EI niS LJ 1 fi"i IL km .... .. 4. . - 4 -1 J Page 6 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 [annexation/preliminary plat(H-2019-0021),Development Agreement Inst. #2019-0606551. 2. The applicant shall obtain the City Engineer's signature on the subject final plat by June 4,2023 as granted with the time extension(TED-2021-0003); or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on7/19/22 by Aaron L. Ballard, included in Exhibit B shall be revised as follows: a. Depict the required street buffers within a common lot or on a permanent dedicated buffer easement with a note that they will be maintained by the property owner or business owners' association, as applicable,in accord with UDC 11-313-7C.2a. b. Include the recorded instrument number of the ACHD permanent easement graphically depicted on the face of the plat. c. Include the recorded instrument number of the City of Meridian pathway easement graphically depicted on the face of the plat. d. Include a note stating direct lot access via W. Chinden Blvd./SH 2O-26 is prohibited. e. Correct the situate statement on the plat to reflect the correct Section and Township &Range. 5. The landscape plan prepared by KM Engineering, dated 7/19/22 included in Exhibit C, shall be revised as follows: a. If the unimproved street right-of-way along Chinden Blvd. is 10 feet or greater from the edge of pavement to the edge of sidewalk or property line,the developer shall maintain a 10 foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-313-7C.5; depict accordingly on the plan. b. Depict landscaping within the buffer along the eastern boundary of the site adjacent to residential uses in accord with the standards listed in UDC 11-313-9C.1,which requires a mix of evergreen and deciduous trees, shrubs, lawn,or other vegetative groundcover. This landscaping may be installed with individual lot development. 6. Prior to signature on the final plat by the City Engineer, a cross-access easement shall be recorded that provides access to the out-parcel (#SO421438700) at the southeast corner of the site and a driveway shall be provided for access and interconnectivity with the subject property in accord with UDC 11-3A-3A.2 and as set forth in the development agreement (provision #5.1c). A copy of the recorded easement shall be submitted with the application for final plat signature. The driveway may be constructed with development of Lots 4 or 5, whichever is providing the access easement. Page 7 7. Prior to signature on the final plat by the City Engineer,the existing easements and right- of-way (ROW) depicted on the preliminary plat shall be vacated. Proof of vacation shall be submitted with the application for final plat signature. 8. Prior to signature on the final plat by the City Engineer, submit an application for and obtain final approval of the proposed private streets within the development.Private streets shall comply with the standards listed in UDC 11-3F-4. 9. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the multi-use pathway within the street buffer along Chinden Blvd./SH-20/26 if the pathway is located outside of ITD's right-of-way; coordinate the details of the easement with Kim Warren,Park's Dept. 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. Sewer easement widths vary depending on sewer depth. Sewer 0-15 ft deep require a 20 ft easement, 16-20 ft a 30 ft easement. 2. Ensure no sewer services pass through infiltration trenches. 3. A future install agreement for seven (7) streetlights will be required for the development of this property. General Conditions: 4. 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. Sewer main extension is being constructed as part of application LDIR-2022-0031. 5. 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. Water main extension is being constructed as part of application LDIR-2022-0031 6. 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. 7. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B- 14A. 8. 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.. Page 8 9. 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. Warranty surety will be required under application LDIR-2022-0031. 10. 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. 11. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. All grading of the site shall be performed in conformance with MCC 11-1-4B. 15. 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. 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. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 19. 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. 20. 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. 21. 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. Page 9 22. 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 10 EXHIBIT B Sonya Allen From: Joshua Beach <JBeach@ brig htoncorp.com> Sent: Tuesday, September 20, 2022 2:12 PM To: Sonya Allen; Clerks Comment Cc: Bill Parsons Subject: RE: Pollard Sub. 1 FP-2022-0023 Staff Report for 9/27/22 Council Meeting - REVISED External Sender- Please use caution with links or attachments. We are in agreement. Josh Beach I Assistant Project Manager-Entitlement BRIGHTON CORPORATION Brighton—Creating Great Places 2929 W. Navigator Dr., Suite 400, Meridian, ID 83642 Mobile 208.871.3812 brig htoncorp.com From: Sonya Allen <sallen@meridiancity.org> Sent:Tuesday, September 20, 2022 12:35 PM To: Clerks Comment<comment@meridiancity.org> Cc: Bill Parsons<bparsons@meridiancity.org>;Joshua Beach <JBeach@brightoncorp.com> Subject: RE: Pollard Sub. 1 FP-2022-0023 Staff Report for 9/27/22 Council Meeting- REVISED I just realized the situate statement is incorrect on the plat; I added a condition as such. Please update the project file with the attached revised report. Josh—Please confirm you're in agreement with the revised report. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 C4fE II7� �} Built for Business, Designed for Living 0®©❑► 0 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law. From: Sonya Allen Sent:Tuesday, September 20, 2022 9:54 AM To: City Clerk- Land Use Items (comment@meridiancity.org)<comment@meridiancity.org> Cc: Bill Parsons<bparsons@meridiancity.org>; 'Joshua Beach' <JBeach@brightoncorp.com> Subject: Pollard Sub. 1 FP-2022-0023 Staff Report for 9/27/22 Council Meeting 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for TM Creek No. 6 (FP-2022-0024) by Brighton Development, Inc., generally located on the south side of W. Franklin Rd., 1/4 mile east of S. Ten Mile Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 27, 2022 ORDER APPROVAL DATE: OCTOBER 11, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF SEVEN (7) ) CASE NO. FP-2022-0024 BUILDING LOTS ON 13.29 ACRES ) OF LAND IN THE C-G ZONING ) ORDER OF CONDITIONAL DISTRICT FOR TM CREEK NO. 6. ) APPROVAL OF FINAL PLAT BY: BRIGHTON DEVELOPMENT, ) INC. ) APPLICANT ) This matter coming before the City Council on September 27, 2022 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING TM CREEK SUBDIVISION NO. 6, LOTS 1-5, BLOCK 3 OF TM CREEK SUBDIVISION NO. 4 AND A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., CITY OF MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK NO. 6 FP-2022-0024 Page 1 of 3 COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 07/19/2022, by AARON L. BALLARD, PLS, SHEET I OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 27, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Josh Beach, Brighton Development, Inc., a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK NO. 6 FP-2022-0024 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 1 lth day of October , 2022 By: Robert E. Simison 10-11-2022 Mayor, City of Meridian Attest: Chris Johnson 10-11-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 10-11-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK NO. 6 FP-2022-0024 Page 3 of 3 EXHIBIT A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/27/2022 R-is _; 0 DATE: tegend Project LOC4toM �-� TO: Mayor&City Council VS FROM: . FROM: Sonya Allen,Associate Planner R-4014208-884-5533 C R-15 RUT SUBJECT: FP-2022-0024 , R-lr6 C- - TM Creek No. 6 'R �' C-G TN-R1 R-40 R-4�40 RUT. LOCATION: Northeast corner of S. Wayfinder Ave. RUT TN-R and W. Cobalt Dr., in the NW 1/4 of Section 14,T.3N.,R.1W. (Parcel TN-C C-G TN #S1214212802) -C R-8. RUT R1 I. PROJECT DESCRIPTION Final plat consisting of seven(7)buildable lots on 13.29 acres of land in the C-G zoning district for the sixth phase of TM Creek Subdivision. II. APPLICANT INFORMATION A. Applicant/Representative: Josh Beach,Brighton Development, Inc—2929 W.Navigator Dr., Ste. 400, Meridian,ID 83642 B. Owner: Robert Phillips,DWT Investments,LLC—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plats for TM Creek(PP-13-030) and TM Center(H-2020-0074)and associated conditions of approval as required by UDC 11-6B-3C.2. There are approximately 5 fewer buildable lots and the same amount of common open space as shown on the approved preliminary plats. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plats as required. Page 14 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 Plats(TM Creek PP-13-030 &TM Center H-2020-0074) qr.o rra. ss rilnF- > Y r rr aloe r+�•� Il,J .hdit li y}-r ' iJo1M YWY 7.7 - .r PFW r=- 3-- 4 1 m DR r ' S > -h9F 4Pl1R wrp, rurinnr 4'. +�r vAl¢r S,Mhw„Ea Kf4 .�oobrt..4�,14 1 + rM cMaRMra"M,a,r zmeos 4 r . 'B MG14TON MiuT ARIM gnEuvau7 GF3 Page 15 TM CENTER SUBDIVISION PRELIMINARY PLAT IRFAAKCL OF VLWKWr2..%PQNTl0kQFTHEXrOFL-WE5'r34AMPAPQNn414QF-11 WJF 31x 9F THE WOM9015T Lf+OF JEMC*l{TQWWJHIP 3 NOW.IWIG€1 WEST, �f .. .... -�---��---� -- �. .---• — -- ----�'=�— NCI Fo 7Tmi$ .0 PW � 4 $ 9 0 — R a �^ nmrrw rurea� Heave o D B 0 ! g, m $ Y $ b mzmmmw Is i 1a ZE ul--hDL kL WA,* i trr,ti� i Page 16 B. Final Plat(date: 7/19/2022) 6*4 gvt ,r '. eoox PAGE TM Cre2k 51 WiA5i4n No.6 F' Prot Jlr px F� ,Wr Kd.6—h—{N.J.. —IrAr n1}NN F I _ uaLu.a N ; 3,ktr !�lli'i17 ui Wmdw ---- -- _ __ ____ I'-% 4.Y-7-UYYkNR Dr YY6 -Mm F_ -------3ro~~ lam- TT _ -1 r.-�. _-IR�F_A _W" a OEM �4 , ei i Y'� I I � sr w��I■m I I i�� tl I ■ r�irl� • r��•41� 1�7/J14 r 'y, I I I I I I �11■�I�yK I---wa R s4 yF Y,0 SYF _ I � * �y�4��••yl.r� J I L 1'..-7 - f I I rw.rw I � I wM oww es .�.�:�aw:.li '.,'p+�w+�� ` a M.r x.r �rwrr ■e�.. war r i1f JYISY JILC I uy�Li 1W fr i.�ha� L- � -- ----------- ------ --... -7' I .-rrwt f,.er,lw5 u...r L.1 vw�n■■work .�. ,�xt. km WYAOMK 6 Page 17 C. Landscape Plan(date: 6/17/2022) CD IL • 5 w .! T` 1 km u.b Page 18 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 [TM Creek:AZ-13-015(DA Inst. #114045759; 1st Addendum Inst. 2016- 073497; and 2nd Addendum Inst. #2017-113747 and preliminary plat(PP-13-030); Ten Mile Center(H-2020-0074),DA Inst. 2021-089157]. 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(TM Creek No. 5) in accord with UDC 11-613-7 in order for the preliminary plats [TM Creek(PP-13-030)and TM Center (H-2020-0074)] 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 KM Engineering, stamped on 7/19/2022 by Aaron L. Ballard, shall be revised as follows: a. Include the recorded instrument number of the City of Meridian water and sewer easement graphically depicted on the face of the plat. b. Include the recorded instrument number of the City of Meridian utility easement graphically depicted on the face of the plat. c. Note#4: Strike all of the info pertaining to development agreements(DA's)for TM Creek. These agreements were all replaced with one new DA for the overall development, recorded as Inst. #2021-089157. d. Note #7: Do the Master CC&R's include the land approved with the preliminary plat for TM Center?Make any changes necessary to this note to be accurate. e. Note#19: ". . . approved with PP-13-030 and H-2020-0074 by the City of Meridian. . .". An electronic copy of the revised plat shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, prepared by KM Engineering, dated 6/17/22, is approved as submitted. 6. Prior to signature on the final plat by the City Engineer, submit an application for and obtain final approval of the proposed private street within the development. Private streets shall comply with the standards listed in UDC 11-3F-4. 7. All future development shall comply with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district and UDC 11-4-3-27B.1. 8. The final plat shall be recorded prior to issuance of any Certificates of Occupancy for the site per requirement of the Development Agreement(provision#5.1(23). 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plats and/or development agreements does not relieve the Applicant of responsibility for compliance. Page 19 B. Public Works Site Specific Conditions: 1. Center water main in 20'easement. 2. Provide a 5'easement, in all directions,that is clear of all permanent structures(including carports)around the fire hydrants. 3. Provide a 20'easement up to the water meters. 4. Provide easement for all utilities even those in private road if not already provided. 5. Plans do not show easement going to the property to the east. Add this easement to the plans. 6. For Line C the City does not want that steep of a pipe discharging to manhole SS EXIST. Either decrease the slope to 8%for the section that ties into the manhole(still need to meet building codes) or have the service tie in downstream of manhole. 7. Sewer easement widths varies depending on sewer depth. Sewer 0-15 ft deep require a 20 ft easement, 16-20 ft a 30 ft easement, and 21-30 ft a 40 ft easement. Adjust easements accordingly. 8. Service lines to buildings should be 6" not 8". 9. There is an existing service line 85ft south of SS EXIST.Unused stubs must be abandoned per City requirements. 10. Ensure no sewer services pass through infiltration trenches. 11. A future install agreement for seven(7) streetlights will be required for the development of this property. General Conditions: 12. 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. 13. 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. Page 20 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. 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. 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. 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. 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. 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. 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. 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. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Developer shall coordinate mailbox locations with the Meridian Post Office. All grading of the site shall be performed in conformance with MCC 11-1-4B. 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. 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. Page 21 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. 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. 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. 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. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 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. 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. 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 22 EXHIBIT B Sonya Allen From: Joshua Beach <JBeach@ brig htoncorp.com> Sent: Tuesday, September 20, 2022 11:24 AM To: Sonya Allen; Clerks Comment Cc: Bill Parsons Subject: RE: TM Creek No. 6 FP-2022-0024 Staff Report for 9/27/22 Council Meeting External Sender- Please use caution with links or attachments. We are in agreement with the conditions of approval in the staff report. Josh Beach I Assistant Project Manager-Entitlement BRIGHTON CORPORATION Brighton—Creating Great Places 2929 W. Navigator Dr., Suite 400, Meridian, ID 83642 Mobile 208.871.3812 brig htoncorp.com From: Sonya Allen <sallen@meridiancity.org> Sent:Tuesday, September 20, 2022 9:55 AM To: Clerks Comment<comment@meridiancity.org> Cc: Bill Parsons<bparsons@meridiancity.org>;Joshua Beach <JBeach@brightoncorp.com> Subject:TM Creek No. 6 FP-2022-0024 Staff Report for 9/27/22 Council Meeting Attached is the staff report for the final plat for TM Creek#6 final plat.This item is scheduled to be on the consent agenda at the City Council work session on 9/27.The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (comment@meridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 C-/(fE I D �- Built for Business,Designed for Living 0 0©0 Q All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for Prescott Ridge Residential (H-2022- 0058) by Engineering Solutions, LLP, located at 3770 & 4184 S. Linder Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW ... AND DECISION& ORDER , In the Matter of the Request for Modification to the Existing Development Agreement(Inst.2021- 132713)for the Residential Portion of Prescott Ridge Subdivision to Update the Phasing Plan,by Providence Properties,LLC. Case No(s). H-2022-0058 For the City Council Hearing Date of: September 27,2022 (Findings on October 11,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 27,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 27,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 27, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 27,2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PRESCOTT RIDGE RESIDENTIAL MDA H-2022-0058 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 27, 2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of September 27,2022,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of September 27,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PRESCOTT RIDGE RESIDENTIAL MDA H-2022-0058 -2- By action of the City Council at its regular meeting held on the 11 th October day of , 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 10-11-2022 Attest: Chris Johnson 10-11-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 10-11-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PRESCOTT RIDGE RESIDENTIAL MDA H-2022-0058 -3- EXHIBIT A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING September 27,2022 Legend DATE: RN*.c--Luausm RU i TO: Mayor&City Council 10 R- FROAM: Sonya Allen,Associate Planner R-- W 208-884-5533 -MU C SUBJECT: H-2022-0058 RUT Prescott Ridge Residential RUT R.8 LOCATION: 2940 E. Overland Rd.,in the SE 1/4 of Section 17,T.3N.,R.1 E. R- RIU-Ir R-r 'RUT— I. PROJECT DESCRIPTION Modification to the existing Development Agreement(Inst. 2021-132 713)for the residential portion of Prescott Ridge Subdivision to update the phasing plan. 11. SUMMARY OF REPORT A. Applicant: Patrick Connor,Providence Properties,LLC—701 S. Allen St., Ste. 104,Meridian,ID 83642 B. Owners: Lionwood Properties,LLC— 1513 E. Rivers End Ct.,Eagle,ID 83616 Providence Properties,LLC—701 S. Allen St., Ste. 104,Meridian,ID 83642 C. Representative: Same as Applicant 111. NOTICING City Council Posting Date Notification published in 9 newspaper /11/2022 Notification mailed to property 9/8/2022 owners within 300 feet Page 1 EXHIBIT A Applicant posted public hearing notice on site 9/13/2022 Nextdoor posting 9/8/2022 IV. STAFF ANALYSIS The Applicant proposes to modify the existing Development Agreement(Inst. 2021-132713)for the residential portion of Prescott Ridge Subdivision to update the phasing plan for the development. See existing phase plan and proposed phasing plan in Section VI. Since the time of annexation,the phasing plan for the overall development has changed. The northern 15-acre medical campus portion of the site was shown on the phasing plan as Phase I in order to create a"legal lot"to convey to the purchaser of that property.Acquiring the out-parcel at the northeast corner of the medical campus enabled the Applicant to do a property boundary adjustment to create a legal lot for development purposes to convey to the new owner so that they can develop their site separately at their own timing. The proposed modification will remove the medical campus from the phasing plan of the residential development. Other changes to the phasing plan include the following: 1)Phase 1 was expanded to include the location of the pressurized irrigation pump house;2)the large green space in the center of the development is now part of Phase 3 instead of Phase 6,which will allow the large park and associated amenities to develop sooner; and 3)the updated phasing plan shows larger phases overall to expediate the development process. Phase 1 still includes construction of the collector street(Rustic Oak)from Chinden Blvd. to the southern boundary of the property which is important for emergency access. No changes to the text of the development agreement are proposed. V. DECISION A. Staff: Staff recommends approval of the proposed modification to the DA with the change to the phasing plan described above as shown in Section VI.B. B. The Meridian City Council heard this item on 9/27/22. At the public hearing,the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Patrick Connor,Applicant's Representative b. In opposition:None c. Commenting: None d. Written testimony: Patrick Connor,Applicant's Representative e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None Page 2 EXHIBIT A VI. Exhibits A. Existing Phasing Plan LS 1 #4 3 ai # L3 6 ]T PHASE 1 $ � �p �� � LDn67��d1# L i tan Page 3 EXHIBIT A B. Proposed Phasing Plan _ — - - 1 507 31 � h i 7 78 }1 OUR D is ff Page 4 Sonya Allen From: Patrick Connor <pconnor@hubblehomes.com> Sent: Monday, September 26, 2022 1:17 PM To: Sonya Allen Subject: RE: Prescott Ridge Residential MDA H-2022-0058 External Sender- Please use caution with links or attachments. Yes thank you 0 .. Patrick Connor Director of Planning and Design e pconnor@hubblehomes.com o (208)433-8800 p (208)695-2001 m (214)564-2812 From: Sonya Allen <sallen@meridiancity.org> Sent: Monday, September 26, 2022 12:29 PM To: Patrick Connor<pconnor@hubblehomes.com> Subject: FW: Prescott Ridge Residential MDA H-2022-0058 Are you in agreement with the staff report? Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 Built for Business, Designed for Living 0®©2113 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law. From: Sonya Allen Sent: Friday, September 16, 2022 9:55 AM To: City Clerk- Land Use Items (comment@meridiancity.org)<comment@meridian city.org> Cc: Bill Parsons<bparsons@meridiancity.org>; 'Patrick Connor' <pconnor@hubblehomes.com> Subject: Prescott Ridge Residential MDA H-2022-0058 Attached is the staff report for the modification to the development agreement for the residential portion of Prescott Ridge.This item is scheduled to be on the City Council agenda on Sept. 271".The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm.You may attend in person or virtually via Zoom—the link/phone number to join the meeting is located at the top of the meeting agenda. Please call or e-mail with any questions. 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Revised Contract Between the City of Meridian and Emergency Health Responders to Reflect Updated Pricing PROFESSIONAL SERVICES AGREEMENT FOR COMPREHENSIVE OCCUPATIONAL MEDICAL EVALUATIONS This PROFESSIONAL SERVICES AGREEMENT FOR COMPREHENSIVE OCCUPATIONAL MEDICAL EVALUATIONS ("Agreement") is made this filth day of October , 2022 ("Effective Date"), and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho("CITY"), 33 East Broadway Avenue, Meridian, Idaho, 83642, and Emergency Responders Health Center, LLC ("Contractor"), whose business address is 9976 W. Emerald St, Boise, Idaho, 83704 ("Parties"). INTRODUCTION WHEREAS,the City has a need for a Board-Certified Physician to administer its Comprehensive Occupational Medical Evaluations; and WHEREAS, the Contractor is a Board-C e r t i f i e d Physician which is knowledgeable and familiar with Fire Service, Comprehensive Occupational Medical Evaluations, Medical Education, Confidentiality, the Health Insurance Portability and Accountability Act of 1996 (HIPAA),and Other "Firefighter Wellness" Program Review and Oversight; and WHEREAS,the Contractor is specially trained, experienced, certified, licensed and competent to perform and has agreed to provide such services; and WHEREAS, the Parties wish to enter into this agreement which would allow the City to avail itself of Contractor's professional knowledge and expertise to administer its Comprehensive Medical Evaluations and offer other services specifically related to education and/or research; NOW,THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained,the Parties agree as follows: TERMS AND CONDITIONS l. Scope of Services: 1.1 Contractor shall perform and furnish to the City upon execution of this Agreement all services, and comply in all respects, as specified in the document titled "Scope of Services"a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the Parties Contractor shall provide all services on an non-exclusive basis and City maintains its ability to retain other contractors for same or similar services at the City's sole discretion. 1.2 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, PSA Board Certified Physician Services Page 1 of 9 ordinances, regulations and resolutions, and all applicable National Fire Protection Association(NFPA) Standards. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 1.3 Services and work provide by the physician at the City's request under this Agreement will be performed in a timely manner. 2. Consideration 2.1 The Contractor shall be compensated on a per-patient exam Not to Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. Additionally, any professional services request for either education and/or research shall be billed at the hourly rate as provided in Attachment B "payment schedule". Such services will be performed only at the request of the Fire Chief. 2.2 The Contractor shall provide the City with a billing statement, as services warrant, of fees earned and costs incurred for services provided,which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire September 30, 2023. This Agreement shall renew annually on October 1" for a 12-month period or unless sooner terminated by either party. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee, or agent of Contractor will be deemed an employee of City. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the City in the performance of this Agreement shall be made by the City. PSA Board Certified Physician Services Page 2 of 9 4.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement,shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. 5. Indemnification and Insurance: 5.1 Contractor shall indemnify and save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the Contractor, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of City or its employees. 5.2 Contractor shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follows; General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability/ Professional errors and omissions One Million Dollars ($1,000,000) aggregate and Workers'Compensation Insurance in the statutory minimum as required by law. 5.3 The City shall be named an additional insured on the General Liability policy. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided,Contractor covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. 5.4 Contractor shall provide City with Certificates of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10) days prior to the date Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed,Contractor shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City of Meridian with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto,unless otherwise stated in this agreement,shall be in writing and be deemed communicated when mailed in the United States mail, certified,return receipt requested, addressed as follows: PSA—Board Certified Physician Services Page 3 of 9 CITY CONTRACTOR City of Meridian Emergency Responders Health Center, LLC City Clerk Attn: Rob Hilvers, MD 33 E Broadway Ave 9976 W. Emerald St Meridian, ID 83642 Boise, Idaho, 83704 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the Parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the Parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The Parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the Parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of City. 10. Discrimination Prohibited: In performing the Services required herein, Contractor shall not unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 11.1 At such times and in such forms as the City may require, there shall be furnished to the City such financial statements,records, reports, data and information as the City may request pertaining to the billing matters covered by this Agreement. 11.2 Contractor shall maintain all financial records prepared or compiled in connection with the performance of this Agreement for a minimum of four(4) years from the termination or completion of this or Agreement. 12. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Contractor's billing records with respect to all matters covered by this Agreement. Contractor shall permit the City to audit, examine, and make excerpts or transcripts from such billing records, and to make audits of all contracts, invoices,materials, payrolls, records of personnel, conditions of employment and other data relating to all matters PSA Board Certified Physician Services Page 4 of 9 covered by this Agreement.The right to audit and inspect shall not include any records protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). 13. Compliance with Laws: In performing the scope of services required hereunder, Contractor shall comply with all applicable laws,ordinances, and codes of Federal, State, and local governments. 14. Changes: The City may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon by and between the City and Contractor,shall be incorporated in written amendments to this Agreement. 15. Termination: If, through any cause, Contractor, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement, in part or in its entirety, by giving written notice to Contractor of such termination and specifying the effective date thereof at least sixty(60) days before the effective date of such termination. Contractor may terminate this agreement at any time by giving at least sixty (60) days' notice to City. In the event of any termination of this Agreement, Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 16. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 17. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorneys or the opportunity to seek such advice. 18. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 19. Public Records Act: Pursuant to Idaho Code Sections 74-101, et seq., all billing information and financial documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. PSA Board Certified Physician Services Page 5 of 9 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. EMERGENCY RESPONDERS HEALTH CENTFRo By: Rob , MD- CITY OF MERIDIAN By: Mayor Robert E. Simison 10-11-2022 ATTEST By: Chris Johnson,City Clerk 10-11-2022 PSA—Board Certified Physician Services Page 6 of 9 Attachment A SCOPE OF WORK Comprehensive Occupational Medical Evaluations 1. Complete Medical History • Medical and surgical history • Allergies • Family history • Prior work/exposure history • Reproductive history • Stress evaluation 2. Complete Physical Examination • Vital signs • Ophthalmologic screening 1. Titrnus Vision Screener-TNO Occupational Slides. Includes: I. Right and left acuity, binocular acuity, depth perception, color perception, vertical and lateral phoria. • Body composition (abdominal circumference) • Extensive physical examination (performed by ERHC clinician). •Functional Mobility Testing 3. Immunizations and infectious disease screening (immunization billed separately) • Tuberculosis screen (PPD); annually • Influenza vaccine; offered annually(often provided through cities) • Tetanus/diphtheria booster every 10 years (AdaceI or dT) • Hepatitis A vaccine(2 shot series) • Hepatitis B vaccinations and titers • Hepatitis C virus screen • MMR vaccine(mumps, measles, and rubella) • Polio vaccine • HIV screening; offered annually on a confidential basis "Hepatitis C screen and HIV are done at baseline exam, and repeated if either requested or reported exposure. 4. Laboratory profile • CBC (complete blood count) • Comprehensive chemistry profile • Hemoglobin Ale if fasting glucose > 120. • Fasting lipid panel • PSA (all males over age 45) • Urinalysis (including specific gravity, protein, glucose, and occult blood) • Entry Level/baseline exam: HIV and hepatitis C screening labs. Hepatitis B antibody titer. 5. Radiology • Chest X-ray (PA/lateral); repeat every 5 years. PSA—Board Certified Physician Services Page 7 of 9 6. Pulmonary Function Testing • Annual spirometry to include: FVC (forced vital capacity), FEY! (forced expiratory volume in I second); FVCiFEVI ratio. 7. EKG,Exercise treadmill testing • Annual 12 lead resting EKG Cardiac Stress Test using Gerkin treadmill protocol* 1. Age 40 and over: Annually 11. Age 30-39: Every 2 years 111. Age 20-29: Every 3 years 8. Personal medical report. Each patient will receive a detailed 4 page printout including personalized 'Emergency Responders Metabolic Syndrome' score, individual's comparisons across regional responders, and 'Doctors Notes' section outlining details of medical evaluation. 9. Medical referrals (any referrals to be at examinee's own expense and are not included in the scope of this Agreement) • Referrals to medical specialist as indicated based on history and examination. • Referral to physical therapy for musculoskeletal rehabilitation. • Nutritional counseling for weight management and discussion of healthy dietary choices. 10. Medical Records: Maintain and update medical records. • When indicated or requested, a copy of the exam results can be forwarded to the examinee's personal physician at the examinee's request 11. Written letter of verification of examinee's attendance at scheduled examination. PSA- Board Certified Physician Services Page 8 of 9 Attachment B PAYMENT SCHEDULE Total and complete compensation for this Agreement shall not exceed the annual budget appropriation for this line item. The amount to be paid for each examination performed by Contractor shall be as follows: TASK DESCRIPTION AMOUNT Comprehensive Occupational Medical Evaluation Task 1 (Per individual Exam) $865 Task 3 Task 4 Task 5 PER EXAM TOTAL $865.00 Other Fees Professional Services Consulting(education and/or research) $250.00/hr. Return to Work/Fitness for Duty exam $865 Mental Health Exam/Appointment- Department required (per visit) $200 PSA Board Certified Physician Services Page 9 of 9 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Proclamation for Cyber Security Awareness Month w IDIAN IDAHO The Office of the Mayor PROCIAMATION WHEREAS, the City of Meridian recognizes it has a vital role in identifying, protecting its citizens from, and responding to cybersecurity threats that may have significant impact to our community; and, WHEREAS, cybersecurity education and awareness is crucial for everyone, including large corporations, small businesses, financial institutions, schools, government agencies, the home user, and anyone who connects to the internet; and, WHEREAS, you can protect yourself by monitoring your accounts,being conscientious of what you share online, keeping computer software up to date, using strong passwords, enabling multi-factor authentication, recognizing and reporting phishing, and using mobile devices safely; and, WHEREAS, the "See Yourself in Cyber" Campaign serves as the national cybersecurity public awareness campaign, implemented through a coalition working together to increase the public's understanding of cyber threats and empowering Americans to be safe and secure online; and, WHEREAS, maintaining the security of cyberspace is a shared responsibility in which each of us has a critical role to play, and awareness of computer security essentials will improve the security of the City of Meridian's information, infrastructure, and economy. THEREFORE, I, Mayor Robert E. Simison, hereby proclaim the month of October 2022 as Cyber Security Awareness Month in the City of Meridian and call upon the community to join me in recognizing how serious cyber security is and the steps each of us can take tect ou selves and our community. Dated this ]P day of October, 2022 -A--, R ert E.tjn, Mayor Brad Hoaglun, City Council President Joe Borton, City Council Vice President Treg Bernt, City Council Liz Strader, City Council Jessica Perreault, City Council Luke Cavener, City Council rj I . P i L 1 � Pik C � Oka L E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Appeal of Denial of MSU-22-0097 by Kai Symons i t0c,,r of C1C C C& ' RECEIVED SEP 2 0 2022 CITY O F C>bi CITY CLERKS OFFICE of r� rp- 1" 0 - Ch o,- c v 5� t'� cl O(���cllV'�i 6^'�'�^1� in �,7 d C l��-1/ 'coif` �jUC.,I/l � ' Q�✓� i��b'l T Uri� Cc C C y CA y yVtl Filed:08/18/2022 13:45:03 Fourth Judicial District,Ada County Phil McGrane,Clerk of the Court By: Deputy Clerk-Dyer, Gina JAN M.BENNETTS Ada County Prosecuting Attorney RE C E I V ED Michael J. Guy Deputy Prosecuting Attorney SEP 2 0 2022 Idaho State Bar No. 9395 CITY OF CM ,r;;;� 200 W.Front Street,Room 3191 CITY CLERKS OFFICE Boise,ID 83702 Phone: (208)287-7700 Fax: (208)287-7709 acpocourtdocs@,adaweb.net IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA STATE OF IDAHO, ) Plaintiff, ) Case No. CR01-22-04951 VS. ) KAI HAYDN SYMONS, ORDER TO DISMISS Defendant. ) The Court having heard the motion heretofore made in the State of Idaho vs.KAI HAYDN SYMONS,by Michael J. Guy,Deputy Ada County Prosecuting Attorney,and the Court being fully advised in the premises; IT IS HEREBY ORDERED that the charges of I. POSSESSION OF A CONTROLLED MISDEMEANOR I.C. 37-2432 c 3 and II. POSSESSION OF DRUG � SUBSTANCE, § O( ) PARAPHERNALIA, MISDEMEANOR, I.C. §37-2734A(1) be, and the same are hereby II dismissed. DATED 8/1812022 1:31:14 PM Judge ORDER TO DISMISS (SYMONS) Page 1 w IDIAN� AGENDA ITEM ITEM TOPIC: Request for Time Extension to Sign Development Agreement for Wood Rose Apartments The ousingCompany Brought to you by Idaho Housing and Finance Association Meridian City Council 33 E. Broadway Ave. Suite 300 Meridian, ID 83642 Re: Wood Rose Apartments Development Agreement at 1160 W Ustick Rd. Dear Meridian City Council, The Housing Company, on behalf of Wood Rose Apartments, is requesting an extension of the timing for signing the Development Agreement associated with Annexation and Rezoning. In order to sign the Development Agreement,we have been waiting for a HUD Environmental Review Process to be complete which is required prior to us purchasing the property due to the use of Federal Funding on the project.The HUD Environmental review is prepared by a third party.The process commenced in March 2022 and was finally complete and published (submitted to HUD) on September 14t", 2022.We anticipate receiving the final approval from HUD on or around October 181", and purchasing the property prior to November 1", 2022 as that is the expiration of our Purchase Agreement.Thus, we anticipate signing the Development Agreement by Nov 1, 2022. We received very good news this week that the project was selected for the Competitive 9%tax credits as well as HOME funds! Since zoning is a threshold item for the funding award, it is essential that we receive this extension on the timing of execution of the Development Agreement. I am happy to answer any questions or concerns you may have.Thank you for your time and consideration. Regards, Erin Anderson Director The Housing Company 208-943-1636 P.O.Box 6943, (565 W.Myrtle,Suite 250), Boise, ID 83707-0943•208.331.4890 or 800.361.5181 •Fax 208.331.4806 thehousingcompany.org