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HomeMy WebLinkAbout2023-02-21 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 21, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Mayor Robert E. Simison ABSENT Councilman Joe Borton Councilman Luke Cavener ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion made by Councilman Hoaglun, Seconded by Councilman Overton. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault 1. Approve Minutes of the February 7, 2023 City Council Work Session 2. Approve Minutes of the February 7, 2023 City Council Regular Meeting 3. Winco Wells Partial Release of Water and Sewer Easements 4. Development Agreement (Bountiful Commons East H-2022-0015) Between the City of Meridian and TMEG Properties, LLC (Owner/Developer) for Property Located at 5960 N. Linder Rd. 5. Award of Bid and Approval of Agreement for the W. Idaho Water Main and NW 1st St. Sewer Main Replacement project to Cougar Excavation for the Not-To-Exceed amount of $1,719,718.00 6. Resolution 23-2374: A Resolution Approving Dedication Deed and Termination of Well Site Lease Agreement; authorizing the Mayor and City Clerk to Execute, Attest, and Record said Instrument; and Providing and Effective Date 7. Resolution 23-2375: A Resolution Approving Easement Agreement (City Well Overflow Pipeline); Authorizing the Mayor and City Clerk to Execute, Attest, And Record Said Instrument; And Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 8. Recognition of Long-Term Employees of the City of Meridian 9. Mayor's Youth Advisory Council Update 10. Meridian Solid Waste Advisory Commission Annual Update 11. Finance Department: Fiscal Year 2022 Budget to Actual Results ADJOURNMENT 5:36 PM Meridian City Council Work Session February 21, 2023. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, February 21, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Jessica Perreault, Brad Hoaglun, Liz Strader and John Overton. Members Absent: Joe Borton and Luke Cavener. Also present: Chris Johnson, Bill Nary, Todd Lavoie, Scott Colaianni and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun _X_ John Overton X Jessica Perreault Luke Cavener X_ Mayor Robert E. Simison Simison: Council, we will go ahead and call the meeting to order. For the record it is February 21 st, 2023, and 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move adoption of the agenda as published. Overton: Second. Simison: I have a motion and a second to adopt the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the February 7, 2023 City Council Work Session Meridian City Council Work Session February 21,2023 Page 2 of 20 2. Approve Minutes of the February 7, 2023 City Council Regular Meeting 3. Winco Wells Partial Release of Water and Sewer Easements 4. Development Agreement (Bountiful Commons East H-2022-0015) Between the City of Meridian and TMEG Properties, LLC (Owner/Developer) for Property Located at 5960 N. Linder Rd. 5. Award of Bid and Approval of Agreement for the W. Idaho Water Main and NW 1st St. Sewer Main Replacement project to Cougar Excavation for the Not-To-Exceed amount of $1,719,718.00 6. Resolution 23-2374: A Resolution Approving Dedication Deed and Termination of Well Site Lease Agreement; authorizing the Mayor and City Clerk to Execute, Attest, and Record said Instrument; and Providing and Effective Date 7. Resolution 23-2375: A Resolution Approving Easement Agreement (City Well Overflow Pipeline); Authorizing the Mayor and City Clerk to Execute, Attest, And Record Said Instrument; And Providing an Effective Date Simison: Next item up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Overton: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Those opposed nay. The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item I Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] Meridian City Council Work Session February 21,2023 Page 3 of 20 8. Recognition of Long-Term Employees of the City of Meridian Simison: So, we will go into Department/Commission Reports and Item 8 is recognition of long-term employees of the City of Meridian. So, Council, just a brief update. As we have continued to evaluate our recognition of city employees this is one of the new changes we have done. Rather than just doing it in front of the department we decided to ask the employees to come here and be recognized in front of City Council and in some cases with their families present as well and it will be on record forever. So, we are here today to do recognition of two long-term employees, both with 30 years of time with the city. So, I'm going to move down to the podium and let's start off by asking Mr. Freckleton to join me at the podium. He is going to have his family come up and join as well and so, unfortunately, got a little bio of information that's been provided by Human Resources. So, thank you very much to Human Resources team for helping us in this process. So, I'm going to go ahead and read and we will do a little recognition and if you have any words you would like to say we would love to hear from you. We are excited to celebrate Bruce Freckleton's 30 years of service with the City of Meridian. During his time at the city he spent several years working at Meridian as Development Services Manager, focused on the overall administration and management of all land development and building activities within the city. During his time as the Development Services Manager Bruce led the transition away from a contracted services model of building plan review and inspection services to an in-house model. This transition has proven to be a significant benefit for the city and the customers we serve. Over the current course of his 30 year career with the city Bruce has led the Development Service division through the greatest periods of growth of the city and continues to do so as the Community Development Director, which he was promoted to in 2021. Bruce was born and raised in Boise. However, in 1985 he -- Meridian is where he and his wife Connie decided to set their roots and raise her three children. He is proud to call Meridian home. Through the years he has developed excellent working relationships with design consultants, developers, builders, city administrators and other governmental agencies. He looks forward to applying his years of experience and perspective to all aspects of community development each and every day. Bruce has vast experience and has built strong relationships. He is committed to Meridian's division being a premier community to live, work, and raise a family. Thank you for your dedication to the city and congratulations on your 30 years of service, Bruce. It's been a pleasure for me to be here for half of those, roughly, but it's -- it's an honor. So congratulations. And here is some stuff from the Human Resources Department, which always includes, you know, some -- some chocolates and your 30 years of recognition from the City of Meridian. So, I will hold onto these for a second if you have any comments you would like to make. Freckleton: Thank you, Mayor. It's been an absolute honor serving the citizens of Meridian. Time flies so fast. It just doesn't seem like it's been 30 years and Kenny can probably agree with that, too. But it has been an honor and a privilege to work for the city and I look forward to finishing out my career here. So, thank you very much. Meridian City Council Work Session February 21,2023 Page 4 of 20 Simison: Mr. Bowers. So, I had to start with the one with a few years total accumulated service and it was very nice of Bruce to bring one of his grandkids, who, you know, it's about when you started officially with the city -- it was about the same time frame based upon your years of service. So, appreciate that. Kenny Bowers is a lifelong Meridian resident and for a lot of that time has been helping the City of Meridian. Kenny began his career as a volunteer firefighter and police officer in the city around 1972. In late 1983 he was appointed and become Meridian Fire -- sixth fire chief. He served in a part-time capacity until 1992 when the fire chief position was transitioned to full time. Kenny helped build out the initial infrastructure of Meridian's fire command staff. During this time Meridian Fire Department expanded building three new fire stations, bringing three new apparatuses to the city. Kenny was instrumental in starting the thermal imaging program, the defibrillator program and establishing Meridian Fire's first Fire Safety Center, which opened in 2005. Meridian Fire also began its partnership with Ada county paramedics, co-locating the ambulance at Meridian Fire Station Number Two in order to improve response times to that area of the city. Kenny stepped back from his role as fire chief in 2005, eventually moving to the position of fire inspector and most currently captain fire inspector. He is well known for never missing a single day of work and continues to be a valuable asset to the Meridian Fire Department. Very few employees make it to 20 years of service, let alone 50. We are excited to celebrate Kenny's 30th official work anniversary and 50 years of community involvement with the City of Meridian. Kenny has been married to his wife Kristi for 36 years. It is obvious that when Kenny makes a commitment he sticks with it. Congratulations and thank you for all of your service to the City of Meridian and our community, Kenny. Bowers: Thank you. My wife wasn't able to make it. She was doing 4-H stuff at Emmett tonight with the kids. So, that's kind of important. So, back there in the back row, back here, that's my family back there. We grow up with those guys and work with them, but it's been a ball. I mean 30 years full time and 20 years part time and -- and, man -- John Overton and these guys, it's quite a difference here when we started from -- I had a little office in the fire station in the corner with a table -- card table and every time, you know, a fire truck would start I would get dieseled out, stinked out, but we have changed a lot coming up from the volunteers to full time and bringing in more -- building more stations and more engines and it's -- it's been a thrill to work with the City of Meridian and the Meridian Rural Fire District as a couple, so thank you very much. Appreciate it. Simison: Council, the best part is neither one of them is going anywhere anytime soon to my knowledge. So, look forward maybe we can get him up here for 35 years before too long. 9. Mayor's Youth Advisory Council Update Simison: With that we will move on to Item No. 9, which is the Mayor's Youth Advisory Council updates. I'm going to invite Sahand to come forward and introduce our MYACers who will be presenting this evening. Sahand. Meridian City Council Work Session February 21,2023 Page 5 of 20 Rahbar: Mr. Mayor, City Council Members, thank you so much for allotting this time for the Mayor's Youth Advisory Council to come up and speak to you. I'm actually going to invite Katelyn and Isabella, our MYAC representatives today, to come up and introduce themselves and they will provide a little bit of an update on what MYAC has been up to over the past few months. Simison: Thank you. Deckelman: Mr. Mayor, City Council Members, thank you for having us today. My name is Isabella Deckelman. I'm a junior at Renaissance High School and I'm currently serving as the Community Service Vice-Chair for MYAC. Holdeman: Mr. Mayor, City Council Members, my name is Katelyn Holdeman and I am a junior at Compass Public Charter School and I am currently the Vice-Chair of MYAC. Deckelman: All right. So, for our presentation we wanted to give you guys a brief overview of what MYAC has been doing between the months of November and February. So, beginning with government affairs. Holdeman: So, our first government affairs activity was our City Hall tour. This was December 5th and MYAC -- we as MYAC had the opportunity to tour Meridian City Hall and hear from a representative from every department -- department in City Hall and we really got to learn a lot more about city government and how everyone functioned and work together and, then, January 31 st we had the legislative reception with the American Heart Association. So, we had MYACers help put together a map showing the location of stores that sell tobacco, nicotine and vape products, as well as locations of schools to show how the school locations and those shop locations were in proximity or close to each other and, then, we had some MYACers go to the Capitol with the American Heart Association to speak with legislators and state officials about their perspectives on the use of these substances and, then, most recently -- this was last Friday -- we had our tour of the State Capitol and this was about an hour long tour where we went on every floor and got to learn more about how the Idaho state government functions. Deckelman: And, then, some of our community service events that we have had -- we did trunk or treat in October. So, MYAC had a booth at this event and members handed out candy to little kids as part of a fun fishing game that is kind of a MYAC tradition. And, then, we also had Holiday Helper decorating and this occurred over the span of three different days. So, MYAC was in charge of making and putting up all the decorations in the expo Idaho Building for Holiday Helpers. So, members helped make snowflakes, set up a Christmas tree, and hung up fun festive posters. And, then, these are some pictures from that event. We also participated in Rake Up Meridian over two different days. So, members participated in this event, which is a community event supporting seniors and others in need in our community. So, members helped rake yards and bag the leaves for two different houses. We also participated in the Winter Garden Aglow event, which is held by the Idaho Botanical Gardens. So, members Meridian City Council Work Session February 21,2023 Page 6 of 20 served as volunteers and guides. They were stationed throughout the garden and they answered questions and guided attendees to various areas and there is a fun picture from that event. Most recently we had a nonprofit panel and we also did Valentine's Day card decorations at our last meeting. So, we invited Lisa Hansen from the Meridian Senior Center, Abbey Schulz from the DisAbility Rights Idaho and Audra Green from the Meridian Library District to inform members about community aid groups and what they do in their positions and, then, afterwards members made Valentine's Day cards for the Meridian Senior Center, which those are seen in the photo. Holdeman: And, then, as far as leadership development, we recently had the guest speaker Nick Aldinger, who is the CEO of IBL Events and he talked to us about producing a live in-studio event. From the presentation we learned a lot about how to coordinate and present a live in-studio event and as far as leadership development, this helped us learn about the importance of communication, collaboration, and the coordination between everyone as a team needed to manage and create events. Deckelman: And, then, for some other fun events MYAC has had, we had our holiday party in December. So, to kind of commence the holidays MYAC held a holiday party at City Hall and members played fun games, such as Minute To Win It, judging ugly sweaters and did a fun white elephant gift exchange. And, then, for some upcoming events that we have -- in March we invited the Urban Land Institute to go over a city development workshop. This was something that the executive council members did at our AIC conference and we wanted to present this to the general council members. So, this event included MYAC members using Legos to help plan a city where they are given certain regulations to learn more about what city planning entails. Holdeman: And, then, also in March we are going to have our bylaw overview and we are going to try and update those with the Deputy City Attorney Emily Kane. We haven't updated our bylaws in a while and we have been working as an executive council to go over some proposed changes and, then, we are going to talk to the general counsel about those. And, then, we are also going to be planning for Do The Right, which is going to be happening in April, which is where we are going to sort of commence that event and promote it and, then, we will also have a City Council panel where we will learn from you guys and present that kind of -- kind of to the general MYAC as a whole and, then, finally in May we have the senior prom with the Meridian Senior Center. This is something we did last year and it was a really fun event and we got to provide a really fun night for senior citizens in our community. Thank you. Are there any questions that you guys might have? Simison: Thank you, Katelyn and Isabella. Council, questions, comments? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council Work Session February 21,2023 Page 7 of 20 Perreault: Thank you. You have been busy. This is fantastic. I love that you are getting involved in such a variety of things and -- and the community service aspect is -- is really wonderful. I'm curious about your day with the legislators regarding tobacco use and what you were hoping to accomplish in your conversations with them, if it was just to make them have some awareness of the perspective of youth or if there was something that you were actually wanting to get proposed or passed through the legislature and kind of how that conversation went. Holdeman: So, far we aren't necessarily working to create a bill, but we are talking with the American Heart Association and they were just talking about like wanting to do a project and the importance of kind of seeing the correlation between these locations and schools. Perreault: Thank you. Rahbar: Mr. Mayor, Council Woman Perreault, Katelyn and Isabella weren't the MYACers who were present at the event, so I just wanted to provide a little bit of perspective from the ones who were there. They got to get sort of a quick little training on lobbying from the American Heart Association and it allowed them to learn a little bit about how tobacco cessation and tobacco education programming works in our state through the mechanism of the Millennium Fund. But, really, what it was mostly about was giving them a chance to have these sorts of conversations with the legislators where they were able to speak very frankly about their experiences with these products, seeing it among their friends or in their communities, because legislators don't necessarily have the opportunity to get that sort of insight from the students and I think the American Heart Association was very glad to have students with boots on the ground who could speak to that sort of experience. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you so much. That -- that's awesome. Just the experience of them going and being there and sharing their voice and sharing their perspective and being bold in that. Applaud them. Please pass that on to all of those that were there and participated and that's just something that I'm -- you know, to get our youth involved in public service in that capacity is amazing and I wanted to just say really quickly I went to an event last fall and it was so much fun and it's harder than it looks, but it is -- it was a blast. It's really really awesome. So, I'm sure you are going to have a really good time with it. Simison: Thank you, Council Woman. Council, any other comments or questions? All right. Thank you very much for being here and sharing that and best of luck as we continue moving through the rest of the year and maybe there -- there may be something even with the Meridian Library District elections, if they are -- if they -- if there will be candidates running, besides the one person, but we will see. So, appreciate it. Meridian City Council Work Session February 21,2023 Page 8 of 20 Holdeman: Thank you. 10. Meridian Solid Waste Advisory Commission Annual Update Simison: So, with that we will go to Item 10, which is the Meridian Solid Waste Advisory Commission annual update and we have Chairman Cory here with us this evening. Steve, nice to see you. Cory: Thank you, Mr. Mayor, Members of Council. My name is Steve Cory. I'm the chairman of the Solid Waste Advisory Commission. I bring you greetings and thanks -- thanking you from the Solid Waste Advisory Commission for your support in things that you have worked with us on. One of the primary responsibilities of the Solid Waste Advisory Commission is managing the community recycling fund program. At present the balance for the CRFP is just over 82,000 dollars. SWAC had voted to go ahead and request from you permission to use about 2,200 dollars for squishy water bottle project out at the Meridian Transfer Station, but Public Works went ahead financed that this year, so we had no expenditures from the account in FY-22. I would mention to you that we do have -- I will probably be in front of you fairly soon to go ahead and request permission to use some of the funding to go ahead and cover the squishy water bottle program over at the transfer station and also we are going to need a little bit of help on the class receipt over there combined on to not to exceed 12,000 dollars. So, we know we are still going to have 70,000 dollars in that account. Looking forward I would say that the Solid Waste Advisory Commission is very excited about having that available as the solid waste management plan gets put together to be able to have a little bit of financing to incentivize the suggestions that are in the plan and we will look forward to working with Council on those projects once they get worked through and we can give you some solid recommendations. Some of the activities over the course of 2022 are the Treasurer to Treasurer project, Public Works Expo, the recycle a bicycle project, working with the Ada County Solid Waste Advisory Committee and the Ada County Hazardous Waste Program. Trash or Treasure, as you can -- as you probably are well aware, is a beloved program for city citizens, something that's unique to Meridian. It really has transitioned well over into city staff and they take care of all the publicity on this and a lot of the signups and other information and at this point it's kind of drifting down to where our members watch what's going on out in the community and help report that back and provide pictures, obviously, and these are a couple of shots of one location that shows in the morning what was put out on the curb and even in the afternoon what little was left and another shot in the neighborhood of all that was left was the sign that said these are part of Trash Or Treasure. The treasure had already been taken off. We got the chance to participate in the Public Works Expo this year and had a very enjoyable time with that. We had about 75 visitors stop by the booth and as is kind of the common thread on these things, the citizens like to go ahead and talk about what's acceptable in the recycle stream and usually have some questions about some of the other programs that can exist, like glass subscription or grass or other activities. We were glad to be able to do the recycle a bicycle -- or the -- yeah -- recycle a bicycle project again this year and, again, staff really stepped up on this. A lot of press releases and a lot of information. We got some press in the local news stations Meridian City Council Work Session February 21,2023 Page 9 of 20 and had a good deal of support on the day of the event. We had 46 bicycles that were spoken for and, unfortunately, in the second photo you can see some evidence of the rainstorm we had to deal with that day. But even so, 34 people arranged to pick up their bicycles. The remaining bicycles were eventually distributed to the rescue mission and Farmway, but it certainly is a good project to go ahead and give some transportation options to members of our community and I need to mention, too, that at the end of the year the recycle a bicycle activity out at the transfer station provided another 50 bikes for youth to the Boise bicycle project and those were some of the bicycles that they were able to go ahead and distribute. But this event is -- this activity has really diverted a bunch of material from the landfill that goes to good use after it otherwise would have been hitting the end of its life. The other activities that we mentioned as far as the Solid Waste Advisory Committee for Ada County this year, I was asked to go ahead and pick up the chairmanship of that committee again. So, if you ever have any things that you want our county committee to go ahead and look into, I really appreciate your requests. As far as what we are looking at, the landfill is coming to grips with the fact that while their original intention was for the landfill to last through the century, right now the projection is that it will only -- it will fill up by 2065, which starts putting in the plans for the next landfill on the distant radar screen and some of the effects of that have come back into financing and that's really going to be the key items that we are going to be looking at over the course of this next year and I'm certainly looking forward to making sure that you get the information that we get on that. As far as household hazardous waste, certainly the contractor that's working on this has had some issues with staffing and such and so I suspect we are going to have be watching that fairly close over the year, too. As far as our other major activity, the rate review -- this year it was almost automatic, basically. Just the CPI inflation adjustment and -- and, then, continuing the outside agreements on waste process -- or recycled material processing and as I kind of indicated before in this -- in that review that both the glass subscription process and the grass subscription process grew a bit, but not significantly and so at this point we have no recommendations for any changes in those two programs. We had a number of presentations throughout the year, but rather than reading through all these I will boil them all down to monitoring waste and recycling in the community, the CRFP management outreach activities and monitoring the rates and in the report I have gone through a number of items kind of specifying some of the activities that we are looking throughout the year, but just to kind of hit the highlight, our intentions are just improving and protecting the city's waste and recycling practices and systems, while being mindful of the ratepayers and with that I would love to have your questions. Simison: Thank you, Steve. Council, questions for Mr. Cory? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Hey, Cory, thank you for the presentation. I have a couple of questions. What is the timing of the solid waste plan is one question I have and, then, what is it -- you know, are you guys going to look at a voluntary composting program? Where is that at? Meridian City Council Work Session February 21,2023 Page 10 of 20 1 know there were some legal issues popping up and hurdles that got in our way of looking at that, but I would love an update on those two items. Cory: Thank you, Council -- Council Woman. Yes. On the -- on those two issues -- as far as the first one, the solid waste plan -- certainly that's within staff and I think it's more appropriate that staff go ahead and address that issue. I'm going to go ahead and let Sayard -- go ahead. Schultz: Hi, Sayard Schultz. City solid waste coordinator. So, I guess we are currently finished with the plan, the first draft, and right now the director is looking at that. So, we are hoping to get that wrapped up in a couple of months and, then, present it to -- to the Mayor and the Council. So, that -- so, the solid waste draft -- or a solid waste plan is written by the staff members, not the SWAC, and, then, after that goes through, then, SWAC will have a chance to -- to look at it as well. Strader: Okay. Thanks. And, then, the -- looking at composting, is that addressed in the plan or are you guys going to look at that again anytime soon? Cory: Let me go ahead and say that we continuously look at the -- the activity and so, yeah, you are going to need both of those discussed on this. I think probably I will start off and let Sayard talk about composting -- well, and organic waste and the waste management plan. Schultz: Yeah. So, that's something that we look at in the plan and that's addressed there. There is different -- there is just more expanded yard debris that we currently have and the grass program and, then, also we have looked at feasibility of having a full compost program, which means yard debris and food scraps. So, that's something that will be evaluated once the plan is put into place through staff. Cory: But, then, to continue on that, you are indeed correct on this, that we have been monitoring the availability of composting services being developed by the -- by the private sector and that continues to develop at this particular point, but our other key input is the subscription services to see if that grass that's being currently collected to go ahead and compost, if that jumps up with a significant amount of community interest, then, obviously, we would -- that would be a trigger for us, too. So, like I say, once we have got on record the amount of -- of organic material that's being developed by the city and some of the options that can be done with it, then, we can work with -- in our group to figure out the recommendations and will be before Council at that point to recommend changes if they are appropriate. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I appreciate you saying that. I mean there are a couple companies, obviously, in the Treasure Valley that are expanding or looking at composting and I just Meridian City Council Work Session February 21,2023 Page 11 of 20 feel that the grass offering is not indicative of what the demand would be for a voluntary organic waste composting program. It's just so limited, you know, compared to what people could actually compost I think from their household. So, I appreciate you guys continuously evaluating it and I look forward to reading the plan once it's all finished up and reviewed by SWAC. Thanks. Simison: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor. Steve, you had mentioned household hazardous waste contractor staffing issues, which is not unusual -- unusual at this time with a lot of businesses. But are they still able to provide regular service for our household hazardous waste program? Cory: Yes. It still continues to be the case that on Monday afternoons from 11:00 to 5:00 -- 6:00 -- 11:00 to 6:00 people that go to the Meridian transfer station on Franklin are able to go ahead and get rid of their household hazardous waste, any chemicals that have expired their shelf -- shelf life, any excess materials and such. So, yes, we haven't had a -- an issue with level of service per se at this particular point, but it is something that is -- has hit our radar screen and we feel like it needs to be watched closely. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. That's -- that's an important program keeping those types of products out of our waste stream and handled properly. So, that's something definitely keep an eye on that and let us know if there is anything we need to do. Thanks. Simison: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you so much for that update and just curious about -- what you said about the planning -- the financial planning for expansion of the landfill many years from now. Is there an anticipation that it will continue to physically expand in its current location or that they might add another location in Ada county? Cory: The landfill has expressed the point that they definitely have to be making commitments 20 years in advance. So, that brings -- walks it back to 2045. A lot of Meridian City Council Work Session February 21,2023 Page 12 of 20 design efforts, land acquisition, numerous other activities that are associated with it and, of course, even before you do those type of activities they need to do some preparatory work. So, we expect to be hearing quite a bit in the near future about their plans for this activity. But particularly with the transition of management a year and a half ago when they picked up our -- our employee Tom Otte up there, they have had a laser focus on doing anything they can to reverse the trend and try to extend the length of the land -- the life of the landfill. So, we are hoping that some projects will be put together either at the landfill or within the community that might give people opportunities to divert even more material, so that we don't end up -- we can postpone that time when we might be tasking the taxpayers of the time, which would be our grandkids or kids, you know, that we don't want to see that tax increase any sooner than it has to be occurring. Simison: Council, any additional questions or comments? Okay. Well, thank you very much, Steve. We do look forward to seeing those things come forward. So, best to you and the staff on continuing to advance these priorities. Cory: Thank you very much. 11. Finance Department: Fiscal Year 2022 Budget to Actual Results Simison: All right. As we see our CFO start to stand up -- Item 11 is the Finance Department fiscal year 2022 budget to actual results. Mr. Lavoie, the floor is yours. Lavoie: Good evening, Mr. Mayor, Members of the Council, again, appreciate you giving us an opportunity to provide you and an update on the fiscal year 2022 financial results. So, as a reminder, fiscal year 2022 ended on 9/30 -- or 9/30/2022 for the 12 months preceding that. I'm going to present to you today the results of the actual financials and a note to you that our audit is started today. So, our auditor showed up to audit these numbers. So, I'm presenting to you unaudited figures. Again, we are confident that the numbers won't change dramatically. So, the numbers that you see here are unaudited numbers at the moment. But, again, our auditors did show up today and we should have an audit report in front of you in about 30 days. So, today what we are going to go over is the fiscal year '22 financial results. Also explain to you what the results of the fund balances were for the General Fund and the Enterprise Fund. By ordinance I need to submit to you a separate report for the impact fee. So, this adheres to that -- or that meets that requirement. So, I will give you the results of the impact fee fund itself and, then, I will give you a glimpse of what you will receive from me on the next quarterly report and, then, stand for any questions. But at anytime please interrupt me if you have questions on any topics or any items that you want to discuss. What I will do first is I will go through the General Fund and, then, I will go to the General Fund fund balance and, then, we will talk about the Enterprise Fund, talk about the Enterprise Fund balance and, then, we will go to the impact fee fund. So, the first fund that we will start off with is our first major fund, which is the General Fund and we finished the fiscal year for fiscal '22 for the General Fund -- total revenues -- so, I'm going to go revenues first, then, we will do expenses second. So, we finished the year of 12 percent higher. So, our budget was off by 12 percent on the good side. So, the results were 12 percent Meridian City Council Work Session February 21,2023 Page 13 of 20 higher than we expected for fiscal year 2022 and you can see that the largest difference of -- you know, if we missed any from a target perspective was in the licenses and permits, which ended up at 69.5 percent higher than we expected. That represents the permits that you approved throughout the fiscal year and for fiscal year '22 you approved 331 more multi-family permits than we had projected. So, hence, why it's higher than our numbers. And, then, you actually approved the highest amount of commercial square foot we have ever approved in a calendar year -- fiscal year. So, again, we did not project a pinnacle of revenue expectations and commercial, hence why we missed the target by 69 percent. So, again, it's on the good side. But, again, the reason why we missed it by 69 was our conservative numbers were outpaced by your approvals, which is fine, but that's why you see us missing the target by 69 percent on the Community Development side and, then, the second largest item that you will see we missed the target by was these intergovernmental. We missed intergovernmental by 33 percent and that's because of the sales tax revenue exceeded our expectations. So, when we built this budget 20 months ago we were still in that COVID concern, so we went super conservative on the sales tax revenue projections and Idaho as you have heard and seen and know has been very strong and healthy over the past 12 months and 18 months. We have adjusted our sales tax revenue projections based on new actuals. So, for '23 and '24 you will see our -- hopefully we will have a better performance when we report back to you in 12 months on '23 and '24. And, then, the most important revenue source that we have in the General Fund is property tax. As you can see it's by far the largest of all the revenue sources even combined all the other ones don't meet it and we missed it by one percent. We are super happy with the one percent. Our average is about one to two percent we missed that target number by, so, again, we missed it by one percent and that is the most important one we have. So, we try to make sure that one is as close to a hundred percent as possible. And, then, the last item that we will talk about a little bit later is -- what have we got -- is going to be the impact fees, but I will present the impact fees at the end of the presentation. So, again, at the end of the day our General Fund -- we missed the target by 12 percent, but on the good side and, hopefully, that explains kind of what we did there. For fiscal '24 budget, I'm just going to touch on that. We are working on that now with you. So, if you have questions about fiscal '24 revenue projections, I would love to discuss that in a separate meeting, if possible. I'm happy to go through and present to you on anything, if you have any questions like how do we project these revenue sources, I'm happy to give a one-on-one class. You can stop by our office anytime to discuss revenue projections. That's what we are here for. So, that is revenue in a nutshell for the General Fund. So, now we will -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Hey, Todd, yeah, you know what I would like to get is a ten year look back of the General Fund and our actual revenue versus the budget. That would be awesome. Meridian City Council Work Session February 21,2023 Page 14 of 20 Lavoie: Council -- Liz, is it possible I can give you back to 2016? 1 don't know if I have 2015 and '14. 1 can get you 2016 very confidently. Strader: I will take eight years that's perfectly fine. Lavoie: Thank you very much. So, I will give you 2016 budget to actuals for revenue for General Fund. Done. Okay. With that we will jump into the expense side of the General Fund and we will start off with personnel expenses first. For the fiscal year ending '22 we ended up spending 93.3 percent of the budget that you provided us as a city. Our average from 2016 is 93 percent. So, again, we actually hit a little bit better than target for our average. The largest gap from a percentage missed is -- you can see on the screen is the community development, we spent 75 percent of our budget, and the primary reason for the gap -- or under spending of the personnel budget was due to the inability to hire within fiscal '22. It was very difficult for them to hire and to retain the -- some of the staff. So, that's why you see the less spent amount for Community Development and just to give you a precursor into what you will see in the next slide, you will see their operating expenses going to be much larger, because they had to outsource those still services needed for the permits were approved. So, you will see their expenses exceeded their budget. Their revenues exceeded their budget, but the personnel was lower. So, it kind of all kind of works together. But, again, our largest variance was Community Development for '22 and, then, also from a dollar wise standpoint they had the largest variance of 1.1 million, quote, unquote, left on the books. Again -- but that money was -- you will see on the next slide was offset by operating expense needs and you can see the other departments accordingly how they performed from a budget to actual standpoint for the personnel expenses. Simison: And, Todd, if I'm not mistaken our Police Department had a much larger -- better spin this year in this regard than previous years as well. Lavoie: Robert, confirmed. They had -- this is one of their better performing years year over year over year. Yes. Simison: Nice job, PD. Lavoie: Agreed. That will move us into the next reporting group for expenses, which is what we call our operating expenses. For the year we ended up spending 100 -- we ended up spending 6.2 percent more than what we had budgeted. Our average is -- we normally spend 89 percent of what's budgeted, but this year we spent 106 and you can see the outliers right there in Community Development. Community Development, again, had to continue to approve those commercial projects that you approved, those rental multi-family projects that you approved and we had to outsource those services. We didn't have the staff in house to make this happen. But the good thing is for every operating expense you see here there is a positive revenue offset to counteract this. So, for every dollar that you spend in operating you actually generate more in revenue from our contract. So, again, I know it looks scary there, but just know that they -- they had revenue to offset every single one of those expenses and a profit on each one of Meridian City Council Work Session February 21,2023 Page 15 of 20 those. The admin department left a few -- let's see, we left about 30 percent and that was primarily -- or about 1.2 million. Six hundred thousand dollars we left on the books for a grant that we are still working on that we carried it into '23 and, then, we had 600,000 dollars in streetlight projects that we were not able to complete that we carried into '23 as well. So, the 1 .2 million that you see gapped, we did carry into '23 to get those projects completed and, then, you will see that Parks Department did overspend and that's primarily because in fiscal '23 we did not have a budget for the golf course, nor the pool. We absorbed those costs. Fiscal '23 is the first year that we as a city established a budget. So, they did go over budget, but it's because I did not create a budget for them in '23. That should look much better next year for fiscal '24. Again, for those expenses you also have offsetting revenues. Those are the operating expenses. Then our third and final expense category that we report to you on an annual basis is capital. For the fiscal year '22 we did spend 29.9 percent of the budget that you provided us for the 12 months. Of the remaining difference, which equals 39 million -- so we did not spend 39 million that you allocated to us -- we carried 38 of it into '23. So, you got Discovery Park, you have got two fire stations, you have got a free police precincts, you got other multiple projects. So, I can tell you of the unspent 39 million, we asked to carry 38 of it so to get done in fiscal '23. So, by the end of fiscal '23 the General Fund should spend about -- maybe not '23, maybe '23 and '24 -- 55 million dollars for the projects that you have allocated to us. The team members, the project managers, they just need a little bit more time to get those dollars spent for you, but we did carry 38 of 39 million forward, so we can complete those projects at the golf course, at the parks, and the fire stations. So, that is capital. So, in general -- or in summary, sorry, the General Fund -- again, we talked about revenues, 12 percent higher good problem to have. All your expenses -- you can see 93 percent of personnel under budget. Operating we did go a little over budget because of the golf course, the pool, and the community development and, then, capital at 30 percent. So, again, all good problems to have for the General Fund from a spending compared to budget. So, the question is what did this do to our financial position for the fiscal year ending 9/30/2022. The General Fund added 2.9 million dollars to the fund balance. The Impact Fee Fund actually used up four million. The Community Development Department added 3.6. Capital Improvement Fund used up 1.8. Public Safety about -- used up about 10,000 -- the grant fund added a thousand and the General Fund -- all the non-funds before that added five million dollars. We put that all together, that is a net increase to the General Fund's fund balance of 2.9 million. So, the question is what does your fund balance look like now? The City of Meridian's fund balance, as will be reported next month in the audit report, will have 108 million dollars in their General Fund fund balance, which is an increase of 2.9 million as displayed. Of the 108 million, 3.8 million is restricted. That is for prepayments, some other things we have already committed to, inventory. We can't touch those. We have 22 million dollars associated to -- or are restricted to the Impact Fee Funds. So, we can't touch those. Those are identified for the Impact Fee Funds. We have 22.7 million dollars allocated to the capital projects and public safety fund dollars. So, those are already committed to those projects. The assigned is 32.9 million. So, those dollars are all assigned from a Capital Improvement Project plan from our CFP modeling. So, again, we have already allocated -- or kind of earmarked projects that those dollars are used for. You take all those numbers that leaves you 1.3 Meridian City Council Work Session February 21,2023 Page 16 of 20 million dollars unassigned that -- of the 108 million we have already accounted for. All but 1.3 million dollars for the General Fund. So, that is the impact for the -- those are the results of fiscal '22 and how they impact the General Fund fund balance -- oops. For fiscal '22. Any questions on General Fund results fiscal year '22? Again, we will do the exact same thing for Enterprise Fund next. And if no questions, again, feel free to send us an e-mail, we will get you answers to the '22 results and, then, the auditor will provide the '22 audit report in 30 days. Simison: Council, any questions or comments? Council Woman Perreault. Perreault: So, Todd, you said that the offsets -- the additional approximate 15 percent that was spent by Parks was because of the pool and the golf course expenses, but the revenues offset that. So, are you talking about total costs and revenues for the General Fund or are you just saying that there specifically were revenues by those two recreation entities that offset that 50 percent in parks? I was under the impression that there was not that much excess -- excess revenue that came in for those two entities to -- to recreation facilities. Lavoie: You are correct, Jessica, that the increase in expenses was a direct result of the golf course and the pool. You are correct there. There were revenues that did offset that, but you are correct that that -- the statement of a hundred percent of coverage, that was not made. So, yeah, you are correct on both statements. Perreault: Okay. Lavoie: With that we will go into our next major reporting fund, which is the Enterprise Fund. Again for results ending 9/30/2022 for the 12 months prior. I would look at revenues first. So, for the entire fiscal year for fiscal '22 we ended up five percent off target. So, we ended up at 105.5 percent. So, we missed the target by five percent for the entire Enterprise Fund. The most important revenue sources on these I believe are the water and sewer sales and you can see we missed those target lines by one to two percent. So, we are very happy with those. The two outliers you will see are going to be assessment and assessment, which is not a surprise to us. We talked about impact fees and development fees. Again, those are all based on permits. We already kind of talked about multi-family and commercial, so we were not surprised that you exceeded our conservative numbers. So, again, those are two results of the outliers, direct impact from your -- or not your, but the direct impact from the decisions for multi-family and commercial. Again, we will always want to protect our most important revenue sources, which are water sales and sewer sales and, again, they are very strong and healthy at the moment. Revenues are complete. So, we will look at expenses. We will report personnel, operating and capital, just like we did with the General Fund. So, the first category of operating that we look at is personnel. For the entire fiscal year '22 we ended up spending 87.2 percent of what you budgeted us for fiscal '22. Our average for Enterprise Fund is 89.8. So, a little bit lower than our normal average since 2016 that we have been tracking this data for and, then, you can see the -- again, they are all pretty -- pretty much average at 87, 88 percent and the primary reason for the Meridian City Council Work Session February 21,2023 Page 17 of 20 underspending is due to the staffing. Again, you will see this as a common statement. We have vacancies. We still have vacancies. We are managing the vacancies the best we can. We are trying to hire as often -- as fast as we can, but '22 just presented some challenges unique to itself. So, you will see that -- I would say the answer for all four of those reporting departments is vacancies led to the underspending of the personnel budgets provided to us for fiscal '22. The next major reporting group is operating. For the fiscal year '22 ended we spent 85.8 percent of what you provided us from the budgets. Our average for the Enterprise Fund is 81.2 percent. So, we performed better than we have in the past. Again, the averages are based on data collected since 2016. So, as you can see the largest department with the primary -- or largest gap for this data is going to be the water department at 14.1 at 570,000 dollars and that was primarily for the -- let's see what we got. I believe that was for the water meters and consulting projects. And, then, the largest gap percentage is for the Public Works Department, you can see it's 32.1 and they left 300,000 dollars on the table with 264,000 of those 300,000 dollars being requested to be carried forward -- again, ongoing consulting projects that need more than 12 months to complete. Other than that, again, the operating expense for the Enterprise Fund was -- again what we would deem as solid. The last reporting group is capital. Capital Expenditures for fiscal year '22. Enterprise Fund spent 34.3 percent of the budget that you provided them for fiscal '22. From a value standpoint that's 30 million dollars left unspent, but they did request 29 million of the 30 million to be carried into '23 to continue the projects, so that they can complete those in fiscal '23 and '24. So, hopefully, by the end of '24 you will see that they have -- they will have spent 44 of the 45 million dollars that they requested from you in fiscal '22. So, with that Enterprise Fund in summary, revenues were off by five percent on the good side. Personnel, operating and capital you can see we are off on the good side again, underspent, under budget, with explanations of why we were under budget on those particular three reporting groups and that leads the question what did that do to the fund balance of the Enterprise Fund? When you put it all together we added 11.1 million dollars to the Enterprise Fund balance. Again, majority of that is going to be requested to be carried into fiscal '23. So, it is already in theory spent with the projects that we are moving forward with and you can see the reporting groups, how they impacted the Enterprise Fund fund balance of 11 million. When you add those four numbers up that's what you get to for 11 million. So, of that 11 million what did that do to the impact -- sorry -- not Impact Fund, for Enterprise Fund. Fiscal year ending 9/30/2022 your Enterprise Fund is now 96 million dollars. Of the 96 million dollars we have 75.5 million assigned. So, that means we have got projects planned for, we have got projects ready to move, so of that we are in -- leaving about 16 million for assigned for reserves and, then, we have 4.8 unassigned. So, if we add up the 75 for assigned projects that we know that are moving forward and, then, 16 million for reserves, that leaves you about 4.8 on unassigned fund balance dollars for the Enterprise Fund. Now, with that I believe that's the summary for the Enterprise Fund. I'm happy to answer any questions on the results of fiscal year 2022 Enterprise Fund. Simison: Council, any questions? Okay. Meridian City Council Work Session February 21,2023 Page 18 of 20 Lavoie: Thank you. So, we will go ahead and jump into the Impact Fee Fund. So, for fiscal year 2022 ending, our revenues ended 6.4 percent higher than what we projected. Again, the growth of the permitting outpaced our projections. Again, we will continue to adjust our projections based on results and what we believe will be approved. I will go through Fire, Parks and Police independently, just so -- just so you can see the results of each fund. So, the Fire Department ended the year with 34 percent more revenue than what we projected, again, based on the commercial and the multi-family and, then, the Fire Department spent 37 percent of their fund balance. Again, as you know, they are building two fire stations right now. Next year will be a different story. We will have a much higher number spent, because by then that should be majority of that project -- those two projects should be complete. That will get us to the next department that we report on that is the Parks Department. Again, they came in a little bit under budget from a revenue standpoint. They don't get to charge for commercial, which is a large function of why you see the Parks -- or Fire and Police you will see the revenues higher. They don't get to collect revenues from the commercial activity. So, again, we missed their target line just by a little bit. Again, we will continue to tweak our projection, so we can get closer to a hundred percent, but they did under spend their budgets -- they spent 43 percent of their budget and that's primarily for Discovery Park, which, as you know, is still in process. So, in 2023 you will see probably a larger spent for '23 and, then, the last department we collect impact fees for is the Police Department. Again, revenues exceeded our projections and, then, their budget for capital, as you know a precinct is currently being worked on, so in 2023 you should see a larger spent results for that one, which is -- which gets us to the final results of the Impact Fee Fund. We ended the year six percent higher in budget for revenues, but we only spent 39 percent of the capital, which was all -- which will be carried forward into '23, which will be spent mostly in '23 and '24. So, what did that do to the Impact Fee Fund in general? We used 4.1 million dollars of the Impact Fee Fund, which is great. Again, we are a save before you spend agency, just like the Enterprise Fund, General Fund, Impact Fee is the same way. We save it before we spend. So, we are finally drawing down on those fund balances that we have been saving for. No different than the Enterprise Fund does and no different than the General Fund does. We save it, so we don't borrow and so that's why you see a negative on that position for the impact fees. Again, this is exactly what we want to see happen on the Impact Fee Fund. So, those are the three -- well, the General Fund, the Enterprise Fund and the Impact Fee Fund. Those are what we have to by ordinance present to you. So, again, presented those three particular things to you. The next quarterly meeting -- again, I will be presenting to you more in a demographic standpoint and it will -- won't be a presentation from here, I will just e-mail you the results and, then, with that I stand for more questions if you have them. Simison: Thank you. Council, additional questions or comments? Overton: Mr. Mayor? Simison: Councilman Overton. Meridian City Council Work Session February 21,2023 Page 19 of 20 Overton: Todd, once again, fantastic review of our city's financials and how healthy the city's going and kudos to your staff, for you guys putting together such a detailed list of everything and explaining in such detail the differences that we see, so we are not just looking at a graph trying to figure it out ourselves. Excellent job. I appreciate it very much. Lavoie: Appreciate it, John. Again, you guys start -- you guys give us the budget and it's our job to make sure we are accountable to you and the citizens and that's our job. Again, I would -- I would agree with you, John, that the city is in very strong financial condition. Robert and I have been working together for 15 years and I can still stand in front of you, Robert, right now and say the city's debt free. It's pretty amazing that we are an outlier in the United States of America that we are still debt free. Robert, nice to have a plan for a ten year plan to stay debt free. Again, we will have discussions each year. But the city is in a very healthy position, something to be proud of as you -- Council, you give us these dollars to spend and, then, your directors and Robert spend it. So, again, we are happy to present. This is a great -- I enjoy standing up here and saying, yes, you are in a great position, John. Simison: Council Woman Strader. Strader: Yeah. It's a question that Councilman Cavener I think had as well, but I don't think he was able to join us and I think -- but it's just a general question as we look for the budgeting process this year kind of what can we expect, you know, in terms of the process, when should we receive our budget books? Do we have a different format? And I realized that's not the exact topic of this presentation, but I just think it would be good to get kind of an overview, either now or in a follow up. Lavoie: Fair question, Liz. We were happy to present to you the budget calendar. We will e-mail you the calendar with all the due dates. It will hold your hand through when we expect communications from our directors, from Mayor, from the Council, any inputs that you would like to contribute to the development of the '24 budget -- you will receive the budget book closer in the month of May. We have provided you and all employees here at the City of Meridian access to the budget in detail via our software solution called Questica. We are happy to provide any training to any of our employees, to you Council Members, to allow you to be informed and empowered to be able to research any of the budget dollars that we are going to present to you in the month of May with the Mayor's budget proposal. But, no, we will get in May another budget book -- another budget calendar out to the Council so they can see the -- the deadlines and due dates of when we would like to have information presented by you, Council, and/or the directors to Robert for consideration for the '24 budget development. Would love the input. Strader: Thanks for sending. Appreciate it. Lavoie Yep. Thank you. Meridian City Council Work Session February 21,2023 Page 20 of 20 Simison: And I will just add that for some of us that starts on Friday. Lavoie: Yes, it does. Simison: Council, any other questions or comments? All right. Well, thank you, Todd. And, again, thank you to the whole Finance Department for all the work on helping keep us all in the black, because that's where we prefer to be. Lavoie: Appreciate it. Thank you. Simison: Thank you. All right. With that do I have a motion? Hoaglun: Mr. Mayor, I move that we adjourn the work session. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. And we will see you back here at 6:00 o'clock. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5:36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 3-7-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 3-7-2023 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 7, 2023 City Council Work Session Meridian City Council Work Session February 7,2023 Page 24 of 24 experience with the director team currently they do and so I do think it's out there, but, again, I don't think it's wrong to look at another way to do it. Simison: And I would just add in this case I think this is here because employees came to their director and this is what they want in this specific instance. I don't know the directors are out there trying -- you know, advocating for this policy otherwise. Nary: Correct. I would agree. I will go ahead and bring it back next week. Okay. Thank you. Simison: Thank you, Bill. So, with that we have reached the end of our work session. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn the work session. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 2-21-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 2-21-2023 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 7, 2023 City Council Regular Meeting Meridian City Council February 7,2023 Page 8 of 8 Simison: I have a motion to adjourn. All those in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 2-21-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 2-21-2023 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Winco Wells Partial Release of Water and Sewer Easements ADA COUNTY RECORDER Trent Tripple 2023-01 0544 BOISE IDAHO Pgs=7 CHE FOWLER 02/22/2023 08:55 AM CITY OF MERIDIAN, IDAHO NO FEE SMT-2023-0028 Winco Wells PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY LEASED: Water/ Sewer GRANTEE: CITY OF MERIDIAN GRANTORS: MQ Overland- LLQ INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated Septemb9l 27th, 2022 and recorded as Instrument Number 2022-082532-in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation("the Easement"),upon the real property legally described therein. WHEREAS, the continuance of a certain portion of the Easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release, vacate, and abandon that certain portion of the Easement on the lands more particularly described on Exhibit A, and depicted on Exhibit B,attached hereto and incorporated herein. All rights and privileges under the under the above-described document in and to the remaining lands covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 21 day of February , 20 23 CITY OF MERIDIAN Robert E. Siison; or 2-21-2023 CNiI illlANi<- Attest by Cis Johns°" Zty Clerk 2-21-2023 / STATE OF IDAO, ) ss. County of Ada ) This record was acknowledged before me on 2-21-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY Cha&wWo_ COMMISSION No. 67390 NOTARY PUBLIC Notary Signature STATE OF IDAHO - y Commission Expires: 3-28-2028 Version 01/01/2020 EXHIBIT A (LEGAL DESCRIPTION OF PORTION OF EASEMENT BEING RELEASED) �\ � LEGAL DESCRIPTION ;,"P_` THE Page 1 of 3 00 LAND January 30, 2023 Project No.: 120124 SEWER/WATER EASEMENT RELEASES WINCO WELLS SUBDIVISION No.1 MB OVERLAND WELLS, LLC EASEMENT RELEASE-1 A portion of existing sewer and water easement, recorded as Instrument No. 2022-082532, Ada County records, located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938- 19941, Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89°46'00" East, 690.84 feet;thence leaving said south line, North 00°14'00" West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1;thence North 00°24'05" East, 131.62 feet on the westerly boundary line of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East, 56.00 feet to a point on said existing sewer and water easement, and the POINT OF BEGINNING of EASEMENT RELEASE-1: Thence North 00° 24' 32" East, 10.00 feet on the said existing sewer and water easement; Thence leaving the said existing sewer and water easement, South 89°35' 55" East, 30.27 feet; Thence South 00°24'05" West, 10.00 feet; Thence North 89' 35' 55" West, 30.27 feet to a point on the said existing sewer and water easement and the POINT OF BEGINNING of EASEMENT RELEASE-1. The above-described easement contains 303 Ft' more or less. TOGETHER WITH EASEMENT RELEASE-2 A portion of existing sewer and water easement, recorded as Instrument No. 2022-082532, Ada County records, located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938- 19941, Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89°46'00" East, 690.84 feet; thence leaving said south line, North 00°14'00" West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1; thence North 00°24'05" East, 305.36 feet on the westerly boundary line of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East, 324.47 feet to a point on said existing sewer and water easement, and to the POINT OF BEGINNING of EASEMENT RELEASE-2: Thence South 89°35' 55" East, 24.82 feet; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 , 2M939AC41 thelandgroupinc.com January 30, 2023 Page 2 Thence South 00'24'05" West, 10.00 feet; Thence North 89' 35' 55" West, 24.82 feet to a point on the said existing sewer and water easement; Thence North 00'24'05" East, 10.00 feet on the said existing sewer and water easement and the POINT OF BEGINNING of EASEMENT RELEASE-2. The above-described easement contains 248 Ft2 more or less. TOGETHER WITH EASEMENT RELEASE-3 A portion of existing sewer and water easement,recorded as Instrument No. 2022-082532,Ada County records, located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938- 19941, Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89`46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89`46'00" East, 690.84 feet; thence leaving said south line, North 00°14'00" West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1; thence North 00°24'05" East, 460.60 feet on the westerly boundary line of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East, 265.95 feet to a point on said existing sewer and water easement,and to the POINT OF BEGINNING of EASEMENT RELEASE-3: Thence North 00' 24' 05" East, 10.00 feet; Thence South 89' 35' 55" East, 28.52 feet to a point on the said existing sewer and water easement; Thence South 00'24'05" West, 10.00 feet on the said existing sewer and water easement; Thence leaving said existing sewer and water easement, North 89°35'55"West,28.52 feet to the POINT OF BEGINNING of EASEMENT RELEASE-3. The above-described easement contains 285 Ft2 more or less. TOGETHER WITH EASEMENT RELEASE-4 A portion of existing sewer and water easement, recorded as Instrument No. 2022-082532, Ada County records, located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938- 19941, Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89`46'00" East, 690.84 feet;thence leaving said south line, North 00°14'00" West, OF Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com January 30, 2023 Page 3 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1;thence North 00°24'05" East, 664.96 feet on the westerly boundary line of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East, 324.47 feet to a point on said existing sewer and water easement, and the POINT OF BEGINNING of EASEMENT RELEASE-4: Thence North 00' 24' 05" East, 10.00 feet on the said existing sewer and water easement; Thence leaving the said existing sewer and water easement, South 89' 35' 55" East, 24.80 feet; Thence South 00'24'05" West, 10.00 feet; Thence North 89' 35' 55" West, 24.80 feet to a point on the said existing sewer and water easement and the POINT OF BEGINNING of EASEMENT RELEASE-4. The above-described easement contains 248 Ftz more or less. TOGETHER WITH EASEMENT RELEASE-5 A portion of existing sewer and water easement, recorded as Instrument No. 2022-082532, Ada County records, located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938- 19941, Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89°46'00" East, 690.84 feet; thence leaving said south line, North 00°14'00" West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1; thence North 00°24'05" East, 797.64 feet on the westerly boundary line of said Lot 1; thence leaving said westerly boundary line, South 89°35'55" East, 56.00 feet to a point on said existing sewer and water easement, and to the POINT OF BEGINNING of EASEMENT RELEASE-5: Thence North 00` 24' 05" East, 10.00 feet on the said existing sewer and water easement; Thence leaving the said existing sewer and water easement, South 89° 35' 55" East, 30.32 feet; Thence South 00' 24'05" West, 10.00 feet; Thence North 89' 35' 55" West, 30.32 feet to a point on the said existing sewer and water easement and the POINT OF BEGINNING of EASEMENT RELEASE-S. The above-described easement contains 303 Ft' more or less. Prepared by: The Land Group,Inc. �O�p,L LA DS E Michael S. Femenia, PLS a 5 1 OF 4' U1/3U/2U23 Ar Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616•P 208.939.4041•www.thelandgroupinc.com EXHIBIT B (MAP DEPICTING THE PORTION OF THE EASEMENT BEING RELEASED) W A y m £ m CD CD CD easy W r G G 6 G G 5 G G — .'�C = O CD CO gn 3 � � Ell alC sscm 9 I ss u^ t � �� � Will aa xa ;raesaeoxejs - ziz m �+-'r'e � CD CD 'COD M CR .�— -- _ a a y CD CD - -----___ R.p d^.\ qB Fail'ev) a rrt L 7 \ �x r sam55E $ I Sio I ' IL --� I I J Ia II I m Ma9_ E I I I rC <Sm I � Igag c I I I I mom I I , a I T �---i- I I I I , , , u I I I_$ I I I I L k I —_— -- ----------------------- r------------------------,I F----1 ' 25 mF� L I ——�— I La—, 7————88T988YE 921.4T __J I I I ,�se.vo•�g�� I I ___ , l I - n J II .^ twx anvwaam• wwawww " ,.— '^-------"' � sn. as r„ EAST OVERLAND ROAD 1 ' 19089 58'SBBI _ �/ 3AU.9C.88N i TRry _3 Sewer/Water Easement - Releases 1 0 0 City of Meridian too i e� 2700 East Overland Road �=T g; i® Meddler,Idaho 83642 C E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (Bountiful Commons East H-2022-0015) Between the City of Meridian and TMEG Properties, LLC (Owner/Developer) for Property Located at 5960 N. Linder Rd. ADA COUNTY RECORDER Trent Tripple 2023-010540 BOISE IDAHO Pgs=40 CHE FOWLER 02/22/2023 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2.TMEG Properties,LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT ("Agreement")is made and entered into this 21 st day of February 2023 by and between City of Meridian,a municipal corporation of the State of Idaho ("CITY"),whose address is 33 E. Broadway Avenue,Meridian, Idaho 83642, and TMEG Properties, LLC ("OWNER/DEVELOPEW'), whose address is 74 E. 500 S., Ste. 200,Bountiful, Utah 84010-0000. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, commonly known as 5960 N. Linder Road,Meridian, Idaho 83646, and described in Exhibit"A,"which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the"Property;" and 1.2 WHEREAS, Idaho Code § 67-651 1A provides that cities may,by ordinance, establish provisions governing the creation,form,recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code("UDC"),which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer has submitted an application for development agreement modification to remove the property listed in Exhibit"A" from an existing Development Agreement dated June 5,2018 and recorded June 7, 2018 as Instrument#2018-052340 in Ada County records, and for the inclusion of the Property into this new Agreement,which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—BOUNTIFUL COMMONS EAST H-2022-0015 Page 1 of 8 f E i i 1.5 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before the Meridian City Council, as to how the property will be developed and what improvements will be made; and 1.6 WHEREAS,the record of the proceedings for requested development agreement modification held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 91"day of August,2022,the Meridian City Council approved j certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"),which have been incorporated into this Agreement and attached as I Exhibit`B;"and i 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and r L9 WHEREAS,the property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement(Instrument#2018-052340) and shall be bound by the terms contained herein in this new agreement; and E 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19,2019, Resolution No. 19-2179, and the UDC, Title 11. NOW,THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS:For all purposes of this Agreement,the following words,terms and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015 Page 2 of 8 I` I I 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho,whose address is 33 East Broadway Avenue,Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to TMEG Properties,LLC,whose address is 74 E. 500 S., Ste. 200, Bountiful,Utah 84010-0000,the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel of Property located in the k County of Ada, City of Meridian as described in Exhibit"A" describing a parcel to be removed from existing Development Agreement recorded in Ada County as Instrument#2018-052340,with such parcel being bound by this new Agreement, which Exhibit"A" is attached hereto and by this reference incorporated herein as if set forth at length. 4 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. j 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. j I 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: j I 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the Property shall be generally consistent with the updated conceptual site plan and building elevations in Section VII.B of the Findings. The Applicant shall have flexibility in the future site design to allow the reduction of buildings by one (1)and/or the option to change the orientation of the buildings. b. No restaurant or tap room(i.e. drinking establishment)uses shall be allowed on the two (2) eastern lots (i.e. Lots 7 & 8,Block 1 as shown in Section VILE of the Findings). c. Provide a pedestrian pathway connection to the church property at the south boundary of the site. DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015 Page 3 of 8 I i I 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six(6)months after the date of the Findings or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer,or Owner's Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this I agreement, Owner/Developer shall have thirty(30)days from receipt of written I notice from City to initiate commencement of action to correct the breach and cure the default,which actions must be prosecuted with diligence and completed within one hundred eighty(180) days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180) day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. i 7.3 Remedies.In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code § 67-6511A,have the right,but not a duty,to de-annex all or a portion of the Property,reverse the zoning designations described herein, and terminate City services to the de-annexed Property,including water service and/or sewer service.Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the j covenants, agreements,conditions, and obligations contained herein are unique to the Property and integral to the City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate,but not exclusive,remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction,validity,performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County,Idaho. 7.5 Delay.In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance,which shall DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015 i Page 4 of 8 I E i include,without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written ordinance or I policy,notify the City Engineer and request the City Engineer's inspections and written approval of I such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer. i 10. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements,which the Owner/Developer agrees to provide,if E required by the City. 11, CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the j improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. j 12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 13. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail,registered or certified mail,postage prepaid,return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian,Idaho 83642 OWNER/DEVELOPER: TMEG Properties, LLC 74 E. 500 S., Ste. 200 Bountiful, Utah 84010-0000 DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015 Page 5of8 I 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. j i i 14. ATTORNEY FEES: Should any litigation be commenced between the parties I hereto concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 15. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a f default under this Agreement by the other party so failing to perform. 16. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding j on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property.Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,has determined that Owner/Developer has fully performed its obligations under this Agreement. I 17. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. i 18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. i 19. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party(including a governmental entity or official) challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied,between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015 Page 6 of 8 f I 20.1 No condition governing the uses and/or conditions governing the Property herein provided for can be modified or amended without the approval of the City i Council after the City has conducted public hearing(s)in accordance with the j notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of the date herein above written. [End of text. Acknowledgements, signatures, and Exhibits A and B follow.] G i i 4 I t i I DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015 Page 7 of 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: TMEG Properties,LLC By: 12EJv;� 6 >S 1�✓� V�c� State oLidehu oaj- 'S )ss. County of-44s*fj' On this 6 day of-GJ�) ,2023,before me,the undersigned, a Notary Public in and for said State, personally appeared` re.u�^ ,known or identified to me to be the of TMEG Properties,LLC and the person who signed above and acknowledges e that he executed the same on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SCOTT TEUSCHER a cj i NOTARY PUBLIC-STATE OFUTAH Notary Public COMMISSION NO. 727754 My commission expires: 1\— ,... COMM. EXP. 11-4-2026 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-21-2023 Chris Johnson, City Clerk 2-21-2023 STATE OF IDAHO ) : ss County of Ada ) On this 21 day of February 2023, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015 Page 8 of 8 EXHIBIT A km E N G I N E E R I N G February 3,2022 Project No.21-224 TMEG Properties,LLC Proposed Bountiful Commons Subdivision No.2 A Resubdivision of a portion of Lot 1 and all of Lot 4,Block 1 of Bountiful Commons Subdivision(Book 115 of Plats,pages 17336-17339),situated in the Southwest 1/4 of the Northwest 1/4 of Section 25,Township 4 North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho,and being more particularly described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 25,which bears SOO°55'15"W a distance of 2,657.84 feet from a found aluminum cap marking the Northwest corner of said Section 25,thence following the westerly line of said Section 25,N00°55'15"E a distance of 1,329.01 feet to a found 5/8-inch rebar marking the Northwest corner of said Southwest 1/4 of the Northwest 1/4(North 1/16); Thence leaving said westerly line and following the northerly line of said Southwest 1/4 of the Northwest 1/4, S89°24'37"E a distance of48.50 feet to a found brass plug marking the Northwest corner of said Bountiful Commons Subdivision; Thence following the northerly boundary line of said Bountiful Commons Subdivision,S89°24'37"E a distance of 469.15 feet to the POINT OF BEGINNING. Thence following said northerly subdivision boundary line,S89°24'37"E a distance of 208.35 feet to the Northeast corner of said Bountiful Commons Subdivision,being witnessed by a found 5/8-inch rebar,which bears S00°55'15"W a distance of 1.00 feet; Thence leaving said northerly subdivision boundary line and followingthe easterly boundary line of said Bountiful Commons Subdivision,S00°55'15"W a distance of 300.00 feet to the Southeast corner of said Bountiful Commons Subdivision, being witnessed by a found 5/8-inch rebar,which bears N89°2437"W a distance of 2.00 feet; Thence leaving said easterly subdivision boundary line and following the southerly boundary line of said Lot 4 the following two(2)courses: 1. N89°24'37"W a distance of 325.00 feet to a found 5/8-inch rebar; 2. N89°24'41"W a distance of 151.32 feet to a found 5/8-inch rebar marking the Southwest corner of said Lot 4; Thence leaving the southerly boundary line of said Lot 4 and following the westerly boundary line of said Lot 4 the following three(3)courses: 1. 30.14 feet along the arc of a curve to the right,said curve having a radius of 100.00 feet,a delta angle of 17°16'18",a chord bearing of N43°36'14"E and a chord distance of 30.03 feet; 2. 90.60 feet along the arc of a curve to the left,said curve having a radius of 100.00 feet,a delta angle of 51°54'32",a chord bearing of N26°17'08"E and a chord distance of 87.53 feet; 3. N00°19'52"E a distance of 49.03 feet to the Northwest corner of said Lot 4; Thence leaving said westerly boundary line and following the northerly boundary line of said Lot 4, S89°24'37"E a distance of 211.48 feet; Thence leaving said northerly boundary line,N00°35'23"E a distance of 150.14 feet to the POINT OF BEGINNING. 5725 North Discovery Way • Boise, Idaho 83713 * 208.639.6939• kmengllp.com { I Said parcel contains 2.201 acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. i L LAND o -< 1 , 662 s�qr of K�H��'Q PAGE 2 I I 208.35 f s89°24'37"e u � N O n � g q E I 211.48 o ' o ! m s89124'37"e c j po I f i i y f i i A n89°24'41"a' n89°24'37"tv j 151.32 325.00 I Title: Date:02-25-2022 i Scale: 1 inch=70 feet File: i Tract 1: 2.201 Acres: 95892 Sq Feet:Closure=s49,0722e 0.01 Feet: Precision=1/204890: Perimeter= 1516 Feet 00 1=s89,2437e 208.35 005:RL R=100.00.Dcha=17.1618 009=n00.3523e 150,14 Bngg=n43.3614c,Chd=30.03 ! 002=s00.5515w 300.00 006:LL R=100.00.Delia=51.5432 Bng=06.1708c,Chd=87.53 003=n89,2437w 325.00 007=n00.1952e 49.03 004=n89.2441w 151.32 008=s89.2437e 211.48 i i I I I i i I i EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW CVE IDIAN, AND DECISION&ORDER t DA 1 i i In the Matter of the Request for a Modification to the Development Agreement to Update the j Conceptual Development Plan and Building Elevations; and Combined Preliminary and Final Plat Consisting of Three(3)Building Lots on 2.20 Acres of Land in the C-C(Community Business) Zoning District for Bountiful Commons East,by KM Engineering,LLP. Case No(s).H-2022-0015 For the City Council Hearing Date of: July 19,2022(Findings on August 9,2022;revised Findings on October 4,2022) A. Findings of Fact i 1. Hearing Facts(see attached Staff Report for the hearing date of July 19,2022,incorporated by reference) I i 2. Process Facts(see attached Staff Report for the hearing date of July 19,2022,incorporated by reference) E 3. Application and Property Facts(see attached Staff Report for the hearing date of July 19,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 19,2022,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 BOUNTIFUL COMMONS EAST H-2022-0015 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 19,2022,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. I C. Decision and Order j 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 and combined preliminary and final plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 19,2022,attached as Exhibit A. 1 D. Notice of Applicable Time Limits I Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner,and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11.If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 613-7C). Notice of 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BOUNTIFUL COMMONS EAST H-2022-0015 -2- 4 { I { 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 i Pursuant to Idaho Code§ 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code§ 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final I 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 July 19,2022 I I I I I I I i i j I FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BOUNTIFUL COMMONS EAST H-2022-0015 -3- i i I i By action of the City Council at its regular meeting held on the 9th day of August 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE j COUNCIL MEMBER LUKE CAVENER VOTED AYE � I COUNCIL MEMBER TREG BERNT VOTED AYE i G i COUNCIL MEMBER LIZ STRADER VOTED AYE E MAYOR ROBERT E. SIMISON VOTED j (TIE BREAKER) I i Mayor Robert E. Simison 8-9-2022 By Brad Hoaglun, Council President Attest: is L;.yJ L,IDIAN SFAI- Chris John n 8-9-2022 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: ChaA,6w4jj" Dated: 8-9-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BOUNTIFUL COMMONS EAST H-2022-0015 -4- EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING July 19,2022 Legend0 DATE: Continued from:June 21, 2022 lei p t Laca liar b TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2022-0015 Bountiful Commons—MDA, PFP LOCATION: 5960 N. Linder Rd.,in the NW 1/4 of rrrr= Section 25,TAN.,R.1W. MWE I. PROJECT DESCRIPTION Modification to the existing Development Agreement(Linder Mixed Use -Inst. #2018-052340) to update the conceptual development plan&building elevations; and combined preliminary and final plat consisting of three(3)building lots on 2.20 acres of land in the C-C(Community Business) zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.20 Existing/Proposed Zoning C-C(Community Business District) Future Land Use Designation Mixed Use—Community(MU-C) Existing Land Use(s) Vacant/undeveloped land Proposed Land Use(s) Commercial(mixed use) Lots(#and type;bldg./common) 3 building/0 common Phasing Plan(#of phases) 1 Number of Residential Units(type NA of units) Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 2/1/22 attendees: History(previous approvals) H-2017-0095(AZ,Development Agreement Inst.#2018- 052340);H-2018-0067(PP);H-2018-0084(FP);PBA- 2022-0004 ROS#1333 Page 1 B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) No • Requires ACHD No Commission Action es/no Access Access is proposed via a private backage road/driveway along the (Arterial/Collectors/State west boundary of the site. Hwy/Local)(Existing and Proposed) Traffic Level of Service NA Stub There are no stub streets that exist to this site and none are Street/Interconnectivity/Gros required to be provided to adjacent properties. s Access Existing Road Network A backage road/driveway exists along the west boundary of this site parallel to N.Linder Rd. Existing Arterial Sidewalks/ There are no existing arterial streets abutting this site. Buffers Proposed Road NA Improvements West Ada School District NA Police Service No Comment C. Project Area Maps Future Land Use Map Aerial Map Legend Legend ff ff a,� Project Laca�ar7 IProjet Laca-or I ' MH - * iL't94 r y I Uy MEMO rrrrm ., Page 2 Zoning Map Planned Development Map Legend () Legend 0 Project Luca fkm MH L 0Projent Lucfl-�or j�r +_i CrtyLintiit � L =N Purred Parae's d - C-C M I� ® d RUT R-.5 UP&:N ffl B H ff H WE AD RUT --� rTrrmpF- A. Applicant: Stephanie Hopkins,KM Engineering, LLP—5725 N. Discovery Way, Boise, ID 83713 B. Owners: TMEG Properties, LLC—74 E 500 S, Ste. 200,Bountiful,UT 84010-0000 C. Representative: Same as Applicant III. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 5/3/2022 5/29/2022 newspaper Notification mailed to property owners within 300 feet 4/27/2022 5/23/2022 Applicant posted public hearing 5/7/2022 7/5/2022 notice on site Nextdoor posting 4/27/2022 5/25/2022 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Mixed Use—Community(MU-C). The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential,and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood(MU-N) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Page 3 E i Developments are encouraged to be designed according to the conceptual MU-C plan depicted in i Figure 3C. (See pgs. 3-11 through 3-16 for more information.) The Applicant proposes to develop the subject property with four(4)multi-tenant commercial/office buildings with associated outdoor plazas and surface parking. The existing development plan was reviewed and deemed to be generally consistent with the Comprehensive Plan with H-2017-0095. Staff has reviewed the proposed conceptual development plan for consistency with the development guidelines in the Plan and recommends changes to the plan as noted below in Section V.A consistent E with the following general guidelines for Mixed-Use and specifically MU-C developments: • "In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area,such as a plaza or green space."(Pg. 3-13) I • "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas,outdoor gathering areas, open space,libraries,and schools that comprise a minimum of 5%of the development area are required. Outdoor seating at restaurants do not count toward this requirement."(Pg. 3-16) The following Comprehensive Plan Policies are also applicable to this development: (Staffs analysis in italics) f • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. Urban services are available to be provided upon development. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed commercial/off ce uses should be compatible with existing residential and church uses to the east and south; and with future commercial uses to the west. • "Encourage and support mixed-use areas that provide the benefits of being able to live,shop, dine,play,and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability."(3.06.02B) The proposed mix of commercial/office uses should provide needed services for nearby residents and employees. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. V. UNIFIED DEVELOPMENT CODE ANALYSIS U. A. Development Agreement Modification(MDA): The Applicant proposes a modification to the existing Development Agreement(DA)for Linder Mixed Use(Inst.#2018-052340)to update the conceptual development plan&building i E 1 elevations for this site to accommodate the proposed development; and remove the Chili's restaurant conceptual building elevations from the agreement.No changes are proposed to the text of the agreement.Note: The overall DA is for a larger 5-acre area; the portion subject to the proposed modification is the northeastern 2.93 acres. The existing plan depicts a 7,000 square foot(s.£)and 10,000 s.f.buildings with a shared outdoor plaza area in between the two buildings with surface parking around the perimeter of the buildings.A dance studio and event center for dance recitals and performances were originally anticipated to develop on this site but is no longer planned(see Section VII.A below). Conceptual elevations are included in the existing DA for a Chile's restaurant,a couple of multi-tenant buildings and an event center. The proposed development plan includes four(4)multi-tenant commercial/office buildings with individual outdoor plazas at the rear of each building,a pedestrian walkway around each building with a connection in between the two northern buildings and two southern buildings,and surface parking internal to the site. Conceptual elevations for the proposed structures are also included (see Section VII.B below).As part of the modification,the Applicant proposes to remove the conceptual elevations for the Chili's restaurant and the event center. A north/south backage road exists along the west boundary of this site that provides an access from the collector street(W.Cayuse Creek Dr.)to the north to Linder Rd.at the south boundary of Bountiful Commons Subdivision.Staff is concerned the ten(10)parking I spaces depicted on the site plan along the west boundary of the site will create a safety hazard by vehicles backing out into traffic; therefore,Staff recommends these spaces are removed from the plan. An existing provision of the DA(#5.1b)requires a minimum of 5%of the development area to be developed with supportive and proportional public and/or quasi-public spaces and places.Based on 2.93 acres,a minimum area of 0.15-acre(or 6,382 square feet)would be required.In mixed use designated areas where multiple commercial and/or office buildings are proposed,the Comprehensive Plan also desires buildings to be arranged to create some j form of common,usable area,such as a plaza or green space.To create more of a shared j common usable area as desired,Staff recommends instead of individual outdoor plaza areas for each building,the parking areas in between Buildings A&B and C&D are removed j and a plaza/green space is provided in these areas with seating,landscaping and shade structures. Note:The conceptual development plan depicts a total building square footage of 31,488+/-s.f. between four(4)buildings.For a commercial/office use in a commercial district,a minimum of 63 off-street parking spaces would be required;a total of 154 spaces are proposed.Even with removal of 34 spaces as recommended,a total of 120 spaces will still be provided,which Staff believes will meet the needs of the development. Staff has reviewed the provisions of the existing DA and finds the proposed conceptual development plan to be in compliance with these provisions if the Applicant complies with the recommended changes to the plan. Staff is generally supportive of the proposed modification to the DA with the recommended changes to the conceptual development plan noted above.Staff recommends the Applicant revise the plans to incorporate these changes and submit a copy of the revised plan to the Planning Division at least 10 days prior to the City Council hearing. i E { E B. Preliminary/Final Plat(PFP): j A combined preliminary and final plat is proposed to re-subdivide a portion of Lot 1 and all of Lot 4,Block 1,Bountiful Commons Subdivision.The current configuration of the property was created through Record of Survey#13333 associated with PBA-2022-0004.The proposed plat consists of three(3)building lots on 2.20 acres of land in the C-C zoning district. Existing Structures/Site Improvements: There are no existing structures on this site;the previous structures have been removed. j Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards of the C- C zoning district in UDC Table 11-2B-3. Subdivision Design and Improvement Standards(UDC 11-6C-3 Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Access(UDC 11-3A-3) Access to the site exists via a private driveway/backage road that runs parallel to N.Linder Rd. j depicted in an easement on the plat.No stub streets exist to the site and none are proposed or required to be provided to adjacent properties. A cross-access easement agreement(Inst.#2018- 108834)exists between all lots in the subdivision that grants access over drive aisles and parking areas per plat note#12. Pathways(UDC 11-3A-8): There are no pathways depicted on the Pathways Master Plan for this site. The existing DA ` (provision#5.1i)requires a pedestrian pathway connection to be provided to the church property(Parcel#R6905150070)at the south boundary of the site;the site/landscape plan shall be revised accordingly. The existing DA also requires a walkway to be provided along one side of the north/south backage driveway for safe pedestrian access and connectivity.Because a sidewalk was constructed on the Beehive Credit Union(A-2020-0032)site to the west of the proposed development along the west side of the driveway,Staff is not including a requirement for a walkway to be constructed on the east side of the driveway on the subject property. Sidewalks(UDC 11-3A-1 There are no public streets proposed within this site or that exist adjacent to the site;therefore, sidewalks are not required. Landscaping(UDC 11-3B1: No streets are proposed with this application and none exist adjacent to this site;therefore,no street buffer landscaping is required.No pathways are proposed;therefore,no pathway landscaping is required. A 25-foot wide buffer is required along the east boundary of Lots 7 and 8,Block 1 adjacent to existing residential uses as set forth in UDC Table 11-2B-2;the buffer should be landscaped per the standards listed in UDC I1-3B-9C and may be installed at the time of lot development. The landscape plan depicts the 25-foot wide buffer planted with a mix of deciduous and evergreen trees with a 3-foot tall berm in accord with UDC standards. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards,specifications and ordinances.Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical i Engineering Report for the proposed subdivision that was prepared in 2018 with the original I subdivision. Stormwater integration is required in accord with the standards listed in UDC I1-3B- 11 C. Pressure Irrigation(UDC 11-3A-1�: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. This property lies within the boundary of Settler's Irrigation District. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. I Waterways(UDC 11-3A-6): The North Slough runs along the project's north boundary and has been piped in accord with UDC 11-3A-613.A portion of the easement(i.e. 10')lies on this property as depicted on the plat. This project is not within the flood plain. f Fencing(UDC 11-3A-6 and 11-3A-�: All fencing is required to comply with the standards listed in UDC 11-3A-7.Fencing exists along the north,east and west property boundaries;no new fencing is proposed with this application. Building Elevations(UDC 11-3A-19 I Architectural Standards Manua!): Conceptual building elevations were submitted for the proposed single-story commercial/office buildings as shown in Section VII.B;these elevations may change with future applications but I provide a general idea of the type of architecture planned.Final design must comply with the design standards in the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the requested development agreement modification with recommended changes to the conceptual development plan as noted above in Section V.A;and combined preliminary and final plat with the provisions noted in Section VIII,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard the PP on May 19,2022.At the public hearing the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing: a. In favor: Stephanie Hopkins KM Engineering-,Trevor Gasser Applicant b. In opposition:None C. Commenting:None d. Written testimony' Stephanie Hopkins KM Engineering(response to the staff report— not in favor of amending the concept plan as recommended by Staffl e. Staff presenting application: Sonya Allen £ Other Staff commenting on application:None 2. Key issue(s)of public testimon): a. None 3. Keyissue(s)of discussion by Commission: a. Discussion pertaining to the MDA application and the proposed design of the site in relation to Staff s recommendation for a more centralized common open space/plaza area to be provided and certain parking spaces to be removed Commission was generally soportive of removal of the parkin spaces along the west boundary of the site as recommended by Staff for safety reasons,•but was in favor of the parking between the buildings remaining. i i 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s)for City Council: a. The applicant submitted a revised site/landscape plan after the Commission hearing that depicts the removal of 10 parking spaces along the west boundary of the site as recommended by Staff and the Commission. Other changes as recommended by Staff were not included in accord with the Commission's discussion (i.e. removal of individual outdoorplaza areas for each building and the parldng areas in between Buildings A &B and C&D in favor of provision of plaza/ rg een spaces in these areas with seating landscapes and shade structures). C The Meridian City Council heard these items on July 19 2022 At the public hearing, the Council moved to approve the subject MDA and PP requests. 1 Summary of the City Council public hearings a. In favor; Trevor Gasser Applicant; Stephanie Hopkins KM Engineering Applicant's j Representative b In opposition:None c Commenting:Kelly Carpenter:Leonard Badigian d. Written testimony:None e Staff presenting application: Joe Dodson.Associate Planner f Other Staff commenting on application:None j 2 Key issue(sl of public testimony: I a. Kelly Caroenter• Concern pertaining to screening along the east property boundary adjacent to residential uses and headlights shining in their windows from cars in the development—request fora solid wood fence to be installed- location of the trash enclosure adjacent to the berm along the east side of the property adjacent to residences -preference for it to be located at the northwest corner of the site;preference for Buildings B &C not to be turned north/south as it would block the neighbors' view the fence line on the adjacent residential properties being set in 3-feet from the property line due to the location of the irrigation ditch where a berm/buffer is now proposed to be constructed—would like to gain that 3-feet of their property back;and the slope of the berm Proposed along the east boundary and concern pertaining to drainage onto their lot and security concerns due to the height of the berm in relation to the fence(someone could jump over the fence into their property). b_ Height disparity of the land between the subject property and the existing residential lots to the east and the choice between a berm and a fence- c. Previous approvals related to original discussion of lots and commercial development. 3— Key issue(s)of discussion by City Council: a Trash duster and shared plaza/open space locations: b. Applicability of a fence or landscape berm along east boundary to help screen future tomes; c Definition of"flexibility"in building orientation for future development of site: History and potential issues of shared east property line and fact existing residential fences are not on shared property line creating a 2-3 foot area of dead space should a fence be required by this Applicant; d. Anticipation of proposed uses on property and availability of parking. 4 City Council change(s)to Commission recommendation: & Cite Council required the removal of the provision requiring central plazas between the buil in s• I b. Council required two new DA provisions: 11 No restaurant or taproom uses shall be allowed on either of the two eastern lots(Lots 7&8 Block 1); 21 Allow AlZ lip cant flexibility in the future site design to allow the reduction of buildings by one(1)or option to turn building orientation. c Council required additional conditions of approval: 11 Remove the landscape berm along the east boundary in lieu of a Eft solid fence and level out irrigation ditch area: 21 No dusters allowed along east boundary and place duster between buildings or f more centralized per future Republic Service approvals C I i i !I I i f I I I I I VIL EXHIBITS A. Existing Development Agreement Provisions,Conceptual Development Plan and Elevations S. COMMONS+GO V'ERl+11CblG 1AMC►PWINT OF SU CT]PROMM: 5.1. Owners atfdlor Developer shall develop the Property in w oordance with the following special conditions. a. Future developmto ofthe subject proptttysWlbegeoemllycongisfttwithihowooepaW site plan.,builtting elevations,and provisions contained in the Staff Report that is attached to the Findings of pact and Conclusions of Law attached hem as txh t"W. b. Provide suppt»tive and proportional',public and/or quasi-public spaces and places lnc u&*but stet limited to paw,plus,out gathetiing area,open space,libraries,and schools that compise a minitm m of S11%of the development area within the site davelopwAwt o, him residential buildings old be proportional to and blend in with adjacent residential builditigs. d `I'ho tAttinj honum arul associated outbuildings shall be removed from the sitepriorto issuance of shy building permitL e. if acom isn't available to this site at the time of development,a temporary access will be allowed viaN.Lluder Roadwith approval from the Ada County OghwayD3strleat.At such,time as accen fiom the north andlor south is available.the temporary access shall be removed sad the use discontlnue& f The developer shall grant a essement to the pmpeyties to the north (pared NS0425223010)and south el!#St1425233510)in accord with UDC 11-M-3 andthe Comprehensive Plan(action Item W3.03.02N).A recorded copy oftbe easem nt agmement shall be submitted to the Planning Division with the first certificate of Zoning Comply applioatioa for the development g~ f`tth=&vclopmem shall comply with tho structure god design standards listed in UDC 11-3A- 1 J and in the Ambitoctural Standards Manual(ASM). h, A 10-foot wide.sogment of the City's multi-use pathway is required alougW.Under Road in accord with the Pathways Master Plan. Landscaping shall be installed in accord with the standards listed in UDC 1138-12C on either side of the pathway. i. Provide a ptdostrim pathway connection to the church property at the south boundary of the site, Provide a walkway along one side of the north/south backage driveway for safe pedestrian SOOM and connectf vity, k, Prior to removing any of the existing trees from the site,the developerlowner shall the City Arborist to determine taitigation requirements for any healthy trees 4"caliper and meter that am ttartaved from the site In accord with UDC 11-38-1 OC.S. 1- The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Poview application tuna the Planning Division, prior to submittal of any building permit apO"Oons m, Prim°to the applioation for any developtnent on the subject site,sanitary sewer and water vimbility will need to be reviewed. This is due to the potential timing of development of 44cwt properties and the ability or inability to create loops in the water systun and to doWrmi to the routing of sanitary sewer. u. Provide a pedestrian walkway arm the sidewalk along the north/south backago driveway to the entrance ofthe burildinS proposed on the east side ofthe site(Le.the dance stwdlo/ ). LINDER MIXED-USE DEVELOPMENT LINDER ROAD MERIDIAN,IDAHO OVERALL GENERAL SITE NOTES TA- SCALE:... ........._.........r=w'-D-iHEA�[NRE(150FFI�H ZONING{EXISTING}:................RUT ZONING{PROPOSED):..............C-C TOTAL AREA:.................9.0 ACRES t COMMON OPEN SPACE REQUIRED:............10% L C DEVELOPER: TGI CORP. I o.e83 acres - 74 EAST 500 SOUTH,STE.200 C-C _ BDUNTIFUL,UT B4010 801-292-50D0 LANDSCAPE: TBD ' 2.938 arres - CIVIL: TBD LINDER II I 0.848acres - ♦ MIXED-USE DEVELOPMENT 5960 N.LINDER ----- �------�- �_J ROAD J _ MERIDIAN,IDAHO I I 1.483 ayes I I - 0.T20— ,-7 L-0 f 1 SITE PLAN ® AVICINITT MAP ARCHITECT �ro L u:wM PLANNER: vtsss-��w A��O TAD wxv7au�oixo<rr ARCHITECillHAL CANCEPT TNEAKHMOFFICEN sNE PLAN Page 11 • Commercial Buildings Fronting on Linder Road a► 001-1 At Ir e' Event Center Page 12 B. Proposed Conceptual Development Plan (NOT APPROVED) &Elevations to be Included in Amended Development Agreement ----------------- ---- .. kmL-o tlA Updated(dated: 7/7/22): e p. I 8 F }33Lzss `J 33ipze sF ` w ..o-cr.einw {� � n.o Page 13 ¢F --- y�r '-AN- ..r ------------ E i i ❑❑ V e k FIRST FLOOR PLAN E v y O EAST ELEVATION MMomm U A z NORTH ELEVATION 4 � O ___ ----- _- �� �� �� ❑ LVESTELEVATION SOUTH ELEVATION ELEVATIONS A-1.0 Page 14 i I i I E f C. Existing Recorded Plat&Record of Survey KAI OF i 0OUN'IFUl COMMON$SUODIASION .. toT9,Yam!1a4M,�At�4f 3; i, ! �e. - � YdS� YSfiY+wkfl9 ,A@AtE#�tt'i. �+ e i a p s sot 81#} awt fa Olt kit¢% di 15 Y +6� } • sis FMIKA DX�fY9N4� '� kma am - I r s 4 A (! g� pp f—Li 6 %A t ea�ayEFz4 . # WI ra r x�xr w�vwi a« i TO C v I tMEffi PR6Pi5 LLB ` „" t b#StNtV ONO,,:INS f tt A E t � br F'r�ae BiiY ybaiW KfM M11 i'P�' �p Y �,s � y t r� ww;ar raw r�w�w ra,�v�r� W - Ian y -vow i i I i i i I D. Proposed Preliminary Plat(date: 2/l/2022) PRELIMINARY PLAT$HOWNG 94UNTWUL COMMON$ SUDDIVISION Nb,2 AM-' 6i41 Tg,UtC.O AOW Si DVI r OWISITUATM IN !H)N(*Off t SUOTIMM 114 01 Ti'K OST 114 OF;SKTION I! pAOIDIAN,CM IN WAWA,AOA CFAMVf,MAHO rtbWaK�ea mar ]l f 3 � E U # F ; I ✓,w.ve f J p a 1 N; I �.. 3i mamma k vre�'nity w•~, I t;y I i l I I E. Proposed Final Plat(dated:2/4/2022) f warof i Bountiful Comm Su01vis100 No.2 111 i8'sdti Yk�'f A k7YBYdifY I0 k=' IL' 4ii' ii#JKt£�Iq 5�17 #4i gg� ��bld4�YENt#;9Cw SkY' 4YY7k1�L �....w��IrI1�If111� f/ t(w."r +*w>�wm roar WO'.rrV .... ...Kr.K��, .Y •— 0 4lt3UV�s 14AO W row v M A app 14 P" t -WA" 11 Y ( ( Yes Ip% LL N f< MY�1+6 1.'�tB7d r Ham`� 9 jt P'" 4 Wtlf Pam;�mtl IiWW(�1.mgWp Y Ma t m 1 I ! w, w e�e,roves WW-'Awh WPM ar ea E r FK? s� *rN� ems r = +» ' J r '.Y+ i a i � gxYY+rww s, wrYa•r. dtY ..c..,,. � a.• xroc� N rtvw ;) r` 0 nrw was �n �a�"ro �9.Y= Y YYirg i es ww r wm r,ys;r 'Firth P=Ry1E lug Y4W OKLIL Y —,04 i i rtzas gouri4il Commons Subdivision No..2 " r' Srt b�adt tY W. a + '�'.tro..4» !dafe.b5kvb&4 yvp !NS YX'ba treNnt eM' H 9f4 � l" � MMI�M-IWRWIMM �F �a61' b. W. , 1 ♦ spy PaYMA�s1 4 a W.rk 92}-1'mr (�'LL'i 'YOtea uM, estT#5 YWtkFr IL�p 3w.r 14Nrt3z 9 H? �q.YS}AUt h:P�M'u["d�'+ffi�M Y'K bH`Y�/HYFAL N�We# :5 i '-�'d9 R`9 iK LH W3l+finC tN 4Mt�lH>ti6.W N4 M BEN i Y&«1�d>4i E Ned MY'+$�':�a'I.YA 1p:f W 454 Yenb .VG�TWdYbY'IYW4 �� ^.s �F'dfbW,4+^:4 iE-w�tlM�L41t AN - YS � ��g� sbk tl :30 a btl q�'aY@}8'1 fhT W ba NN 4 4 N2r�Ya4 r}n1 �S.tlN3iL A 1 Y�y��'�ay d PH @amyr I YYgg ti M' 9b IV E9 4Y 4k4� '{5�keci 4 '41'?mt5a 4 5 ttjne.q YA � s Ems- rdw,wgfYaws 8.IW RM ur?aa uaT�. wntx. e ` E i a ,W w " - ed.VM .s M 4 Ne9Y .ilk xf)�g ava 9"°d f I i I w,YtaY ;rfMm }a}u ewr I i I i i I I i I l t t F. Landscape Plan(date: February 2022) AUF Ar ; � i i � ssds�eWv�eaa« t 4 ,�M LY111itsi{�'faiq tl y , _' ... .. ..� .. ... i00 f ( 1 77'N4Mf d Y! / e„d ffi WAS ;� fi !s d tj "VI [, A5 1 P ir 8 : .. t 2 , t 3 W5 I i i i I i i f I I i I i VIII. CITY/AGENCY COMMENTS&CONDITIONS A. PLANNING DIVISION Staff r-eeommends the Appliennt revise the eoneeptual development plan depieted in Seetioll VILB to ineorporate the ehanges noted in Seetion A1.A and submit a eopy of the revised plan to the Planning DiAsion at least 10 days pFior-to the City Couneff hear-ing-4 repMedJ910H 4 . The Council did not require removal of the parking between the buildings in order to provide central plazas in those areas as recommended by Staff. 1. The existing Development Agreement(DA) (Inst.#2018-052340,H-2017-0095)for Linder Mixed Use shall be amended as proposed by the Applicant with the changes to the conceptual development plan r-ee.w.%,iide,l by Q required by City Council. The amended DA shall be signed by the property owner and returned to the Planning Division within six(6)months I of the City Council granting approval of the amendment. The amended DA shall include the following provisions as required by Ci1y Council: I a. No restaurant or tap room(i.e. drinking establishment)uses shall be allowed on the two (2)eastern lots(i.e Lots 7&8 Block 1) if the 1...ildi ale the east,,...,bound;; � the site-AFR-«„r o,l }-allpl to N,- ,line,the e(s) shall he lII• SII«Gd to pf-efe Ss2�G SRS b. The Applicant shall have flexibility in the future site design to allow the reduction of buildings by one(1)and/or the option to change the orientation of the buildings 2. The final plat shall include the following revisions: a. Include the recorded instrument of the City of Meridian sewer and water easement graphically depicted on Sheet 1. 3. The landscape plan depicted in Section VII.F is a as pproved .,4 nflitted. shall be revised as follows: a. Remove the berm along the eastern property boundary and depict a 25-foot wide buffer to residential uses along the east property boundary,landscaped per the standards listed in UDC 11-3B-9C. b. Depict a 6-foot tall solid fence that meets HOA specifications along the eastern property boundary and fill in the existing irrigation ditch and level it out to match the elevation at the property line of the adjacent residential lots c. Relocate the trash enclosure away from the eastern boundary of the site and place it in between the buildings in the middle area as allowed by Republic Services 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. 5. With development of Lots 7 and 8,Block 1, a 25-foot wide buffer shall be provided along the eastern boundary of those lots adjacent to residential uses as set forth in UDC Table 11-213-2, landscaped per the standards listed in UDC 11-3B-9C.Note: This buffer is not required to be constructed with the subdivision improvements. 6. As approved with Bountiful Commons Subdivision No. 1 tree mitigation plan,each lot shall provide an additional 12.5 caliper inches of trees,above the minimum standards,when i l f I developed, These trees shall be depicted on the landscape plans submitted with the Certificate of Zoning Compliance application for development of each lot. 7. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. B. PUBLIC WORKS I Site Specific Conditions of Approval 1. Sewer mains must meet minimum separation requirements from other mains;which is 10 feet for parallel lines. 2. Sewer mains require a minimum 20-foot-wide easement whenever they're located outside of j right-of-way. 3. Ensure no sewer services pass through infiltration trenches. 4. Ensure no permanent structures including,but not limited to trees,shrubs,buildings,carports, trash enclosures,fences,infiltration trenches,light poles,etc. are built within any City utility easement. 5. The applicant must ensure that fire requirements are met and no fire hydrants or fire services j lines are required for the eastern parcels.If any hydrants are fire lines are required,then an fl- inch diameter water main must be run to the eastern properties instead of service lines;the services,hydrants,and fire lines will then be stubbed from that 8-inch main extension.If main is added,a 20-foot-wide easement will be required over the main. 6. A streetlight plan will be required,and must conform with the Meridian City Standards and I Specifications. 7. Three(3)new streetlights will be required within the right-of-way of North Linder Road, General Conditions of Approval 8. 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 j Specifications. 9, 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. 10. 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 development plan approval. 11. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a {E 1 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. 12. 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. 13. 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. ! 14. 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. 15. 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. 16. Street signs are to be in place, sanitary sewer and water system shall be approved and E 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. ! 17. 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. 18. 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. 19. 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. 20. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 21. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 22. Developer shall coordinate mailbox locations with the Meridian Post Office. 23. 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. 24. 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. 25. 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. 26. 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. fI I 27. 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.meridiancity.oWl ublic worlts aspx?id=272. 28. 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 I 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. 29, 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. i C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) hops://weblink.meridiancity.org/WebLink/DocView aspx?id=259544&dbid=0&repo=MeridianC i is D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) ! https://weblinkmeridiancity org/WebLink/DocView aspx?id=259179&dbid=0&repo=MeridianC ity E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancitLorg/WebLink/Doc View.aspa:?id=260310&dbid=0&repo=MeridianC i IX. FINDINGS A. Combined Preliminary and Final Plat: In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement fitnds. 4. There is public financial capability of supporting services for the proposed development; { i The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire,ACHD, etc). (See Section VIII for more information.) 5. The development will not be detrimental to the public health,safety or general welfare; and, The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. I The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. I i i I 1 I 4 I I i I E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Award of Bid and Approval of Agreement for the W. Idaho Water Main and NW 1st St. Sewer Main Replacement project to Cougar Excavation for the Not-To-Exceed amount of$1,719,718.00 Mayor Robert E. Simison E IDIAN�» City Council Members Joe Borton Treg Bernt D A H O Luke Cavener P u b l i c Wo rks Brad Hoaglun Department Jessica Perreault Liz Strader TO: KEITH WATTS FROM: BRENT BLAKE DATE: SEPTEMBER 22,2022 SUBJECT: W.IDAHO AVE.WATER AND SEWER MAIN AND NW 1"SEWER REPLACEMENTS— CONSTRUCTION CONTRACT WITH TBD FOR AN AMOUNT OF$TBD I. DEPARTMENT CONTACT PERSONS Brent Blake,Engineering Project Manager 489-0340 Kyle Radek,Assistant City Engineer 489-0343 Warren Stewart,City Engineer 489-0350 Laurelei McVey, PW Director 985-1257 H. DESCRIPTION A. Back rg o The Public Works Department has budgeted for the replacement of water and sewer mains throughout the City. Replacements are scheduled based on City priority or other factors,such as ACHD project schedules. B. Proposed Project Replace approximately 550-feet of an existing 6-inch water main with a new 8 inch main on W. Idaho Avenue between W. 2nd Street and Meridian Road along with installing two new fire hydrants, service lines from the main to meter, new meter setters,and new meters. This project will also include replacing the sewer main in NW 1 st Street south of W Broadway and North of W Pine in order to abandon the sewer mains between NW 1 st and NW 2nd. C. Describe Item This item is to award the contract with TBD to replace 550 feet of existing 6-inch water main and 650 feet of sewer main. Public Works Department . 33 E.Broadway Avenue,Suite 200,Meridian, 1D 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org M. IMPACT A. Fiscal Impacts Project Costs: Fiscal Year 2023 Construction Contract $TBD Total Project Cost $TBD Available Project Funding Fiscal Year 2023 Account Code/Codes 3490-95000 3590-95000 Total Funding $1,300,000 Departmental Approval: -- arren Stewart Page 2 of 2 D RESULTS Blue Sky Construction,I.I.C. Cougar Excavation Thueson Construction,Inc. laho Water Main Replacements Total Cost $2,222,834.0 $1,719,718.0 $1,928,154.0 Selected# 0 0 0 Selected($) 1 $0 $0 $0 Lowest ntityRequir Unit UnitPrice TotalCost UnitPrice TotalCost UnitPrice TotalCost $1 1 LS $1 $1 1$5,000.0 $5,000.0 $30,000.0 $30,000.0 )n Material $3,600.0 100 TN $36 $3,600.0 $50 $5,000.0 $50 $5,000.0 $11,000.0 500 TN $22 $11,000.0 $40 $20,000.0 $50 $25,000.0 n(Asphalt Roadway-Sewer Main) $57,600.0 720 LF $125 $90,000.0 $80 $57,600.0 $86 $61,920.0 vice $12,000.0 10 EA $2,000.0 $20,000.0 $2,000.0 $20,000.0 1$1,200.0 $12,000.0 $102,000.0 680 LF 1$150 $102,000.0 $220 $149,600.0 $150 $102,000.0 istruction)-Gravity Sewer-8"PVC $6,688.0 1672 LF $5.5 $9,196.0 $4 $6,688.0 $7 $11,704.0 Type A $48,000.0 8 EA $9,500.0 $76,000.0 1$10,000.0 $80,000.0 $6,000.0 $48,000.0 Manhole $12,000.0 4 EA $6,500.0 $26,000.0 $3,000.0 $12,000.0 $7,200.0 $28,800.0 $375,600.0 3130 LF $297 $929,610.0 $120 $375,600.0 $235 $735,550.0 terouting $48,000.0 6 EA $8,800.0 $52,800.0 $8,000.0 $48,000.0 $11,000.0 $66,000.0 $8,000.0 16 EA $632 $10,112.0 $500 $8,000.0 $950 $15,200.0 nvestigations $7,105.0 2030 LF $5.5 $11,165.0 $4 $8,120.0 $3.5 $7,105.0 $20,300.0 2030 LF $25 $50,750.0 $10 $20,300.0 $12 $24,360.0 hole $17,500.0 5 EA $6,800.0 $34,000.0 $4,000.0 $20,000.0 $3,500.0 $17,500.0 action(CIPP)at Sewer Main $16,500.0 5 EA $3,300.0 $16,500.0 $4,000.0 $20,000.0 $7,500.0 $37,500.0 ig $20,000.0 20 EA $2,800.0 $56,000.0 $1,500.0 $30,000.0 $1,000.0 $20,000.0 $60,000.0 1 LS $117,800.0 $117,800.0 $60,000.0 $60,000.0 $110,000.0 $110,000.0 $40,000.0 1 LS $85,500.0 $85,500.0 $40,000.0 $40,000.0 $50,000.0 $50,000.0 $12,000.0 1 LS $13,200.0 $13,200.0 $15,000.0 $15,000.0 $12,000.0 $12,000.0 $5,000.0 1 LS $5,300.0 $5,300.0 $5,000.0 $5,000.0 $23,000.0 $23,000.0 $3,500.0 1 EA $8,400.0 $8,400.0 $3,500.0 $3,500.0 1$4,000.0 $4,000.0 ation(Landscaping) $20,000.0 1 LS $20,000.0 $20,000.0 $280,000.0 $280,000.0 $33,000.0 $33,000.0 (Gravel Roadway) $840 42 LF $130 $5,460.0 $20 $840 $120 $5,040.0 !storation(Asphalt Roadway) $46,400.0 580 LF $125 $72,500.0 $80 $46,400.0 $85 $49,300.0 Restoration(Asphalt Roadway) $30,560.0 382 LF $80 $30,560.0 $80 $30,560.0 $85 $32,470.0 $60,170.0 547 LF $110 $60,170.0 $130 $71,110.0 $150 $82,050.0 $3,400.0 40 LF $85 $3,400.0 $200 $8,000.0 $250 $10,000.0 $11,200.0 4 EA $2,800.0 $11,200.0 $3,200.0 $12,800.0 $5,000.0 $20,000.0 $4,500.0 2 EA $2,250.0 $4,500.0 $2,800.0 $5,600.0 $3,000.0 $6,000.0 $12,400.0 2 EA $7,150.0 $14,300.0 $10,000.0 $20,000.0 $6,200.0 $12,400.0 4"Meter-Single $31,500.0 15 EA $2,100.0 $31,500.0 $2,800.0 $42,000.0 $3,850.0 $57,750.0 Sewer Main Crossing $14,800.0 4 EA $4,250.0 $17,000.0 $5,000.0 $20,000.0 $3,700.0 $14,800.0 Gutter $3,700.0 37 LF $305 $11,285.0 $100 $3,700.0 $240 $8,880.0 4"Thick $1,000.0 5 LF $400 $2,000.0 $200 $1,000.0 $350 $1,750.0 $38,000.0 1 LS $100,000.0 $100,000.0 $60,000.0 $60,000.0 $38,000.0 $38,000.0 $15,000.0 1 LS $25,000.0 $25,000.0 $40,000.0 $40,000.0 $15,000.0 $15,000.0 in $12,000.0 4 EA $5,000.0 $20,000.0 $3,000.0 $12,000.0 $3,300.0 $13,200.0 $5,000.0 1 EA $25,000.0 $25,000.0 $5,000.0 $5,000.0 $12,000.0 $12,000.0 $5,000.0 1 LS $5,300.0 $5,300.0 $5,000.0 $5,000.0 $12,000.0 $12,000.0 $34,725.0 463 LF $75 $34,725.0 $100 $46,300.0 $125 $57,875.0 C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 2/21/2022 Presenter: N/A Estimated Time: N/A Topic: Award of Bid and Approval of Agreement for the W. Idaho Water Main and NW 1st Street Sewer Main Replacement project to Cougar Excavation for the Not-To-Exceed amount of$1,719,718.00 Recommended Council Action: Approve agreement and authorize the Procurement Manager to sign the Agreement&related Purchase Order. Background: We received 3 bids and Cougar Excavation was $503,116.00 (29.3%) lower than the high bid. CONTRACT FOR PUBLIC WORKS CONSTRUCTION W. IDAHO WATER MAIN AND NW 1ST STREET SEWER MAIN - REPLACEMENTS PROJECT # 11032.b THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 21 st day of February, 2023, and entered into by and between the City of Meridian, a municipalcorporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, Cougar Excavation hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 1306, Meridian, ID 83680Address (Number, Street, City, State, Zip) and whose Public Works Contractor License # is PWC-C- 16438. INTRODUCTION Whereas, the City has a need for services involving water and sewer main replacements; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1 .1 Contractor shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1 .2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.b 1 .3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $1 ,719,718.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups or material escalations. 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. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.b 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 210 (two hundred ten) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 240 (two hundred forty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed tobe liquidated damages by the Contractor in lieu of any claim ordamage because ofsuch delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If,through any cause,Contractor,its officers,employees,or agents failsto fulfill in a timely and proper manner its obligations under this Agreement, violatesany of the covenants, agreements, or stipulations of this Agreement, falsifies anyrecord 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 City determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate thisAgreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effectivedate of such termination. Contractor may terminate this agreement at any time by giving at least sixty (60) days' notice to City. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreementshall, at the option of the City, become its property, and Contractor shall beentitled to receive just and equitable compensation for any work satisfactorily complete hereunder. W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.b 5.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe City for damages sustained by the City by virtue of any breach of this Agreement by Contractor, and the City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount ofdamages due the City from Contractor is determined. This provision shallsurvive the termination of this agreement and shall not relieve Contractor of its liability to the City for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employeeor agent of Contractor will be deemed an employee of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation ofthe personnel of the City in the performance of this agreement shall be made bythe City. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901 . 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.b 9. Indemnification and Insurance: 9.1 Contractor shall indemnify and save and hold harmless City and it's selected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of City or its employees. Contractor shall maintain, and specificallyagrees that it will maintain, throughout the term of this Agreement, liabilityinsurance, in which the City shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitationof 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 harmlessCity from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs andattorneys' 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 topersonal injury, death, or damage or destruction to tangible or intangible property,including use of. Contractor shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10) days prior to the date Contractor begins performance of 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 Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.b or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The City may, from time to time, request changes in the Scope of Work to be W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.b performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon by and between the City and Contractor, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.1b four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other datarelating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31 , U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to ensure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, Contractor shall not unlawfully discriminate in violation of any federal, state orlocal law, rule or regulation against any person on the basis of race, color, religion,sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.b 23. 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. 24. 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. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. 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. 27. 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 underthis Agreement except upon the prior express written consent of City. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.b 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, Contractor shall complywith all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City: Contractor: City of Meridian Cougar Excavation Procurement Manager Attn: Colby Buffington 33 E Broadway Ave. P.O. Box 1306 Meridian, ID 83642 Meridian, ID 83680 208-489-0417 Phone: 208-860-4578 Email: colbybuffington@hotmail.com Idaho Public Works License #: PWC-C-16438 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. W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.b 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN: COUGAR EXCAVATION: BY: BY: / KEITH WATTS, Procurement Manger CoLbY ByPFINGTO DATED: 2-21-2023 DATED: Approved by Council Date: (if needed) 2-21-2023 Project Manager Brent Blake W. Idaho Water Main and NW 15t Street Sewer Main - Replacements Project#11032.b EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID (BID NUMBER) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # (PW-2311-11032.b), are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). Water Main Replacement Scope The City intends to replace approximately 530 lineal feet of existing 6" water main with new 8" water main located in W. Idaho Avenue from NW. 2nd Street to Meridian Road. Approximately 86 lineal feet of new 8" dry line water main was installed across the intersection of NW. 1st Street and W. Idaho Ave. with the 2017 NW 1 st Street Sewer Project. The replacement water main will connect to each end of this dry line. At the east end of the project, the new water main will connect to an existing water main constructed as part of the Split Corridor-Phase 2 Project. At the west end of the project, the new water main will connect to an existing 8" main located in NW 2nd Street. Two existing fire hydrants will be reconnected and, if necessary, relocated nearby. Of the fifteen properties immediately adjacent to the project, many have existing meters in front of the sidewalk. These meters are intended to be relocated behind the existing sidewalks and a new service installed from the new main to the relocated meter setters. The majority of all work is anticipated to be in public right-of-way or existing easements. The city will assist in coordinating with property owners to have water meters located on their property immediately outside of the right-of-way. W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.b Sewer Main Replacement Scope The CITY intends to extend new collection sewers in NW 1st Street between (West Railroad Street to West Broadway Avenue) and north of West Pine Avenue approximately 200 feet to serve the Boys and Girls Club campus. Overall, new collection sewers will encompass approximately 550 lineal feet. Approximately, 38 services will be re-routed of which 20 are new services from the main. The remaining are connections to existing service stub-outs. Overall the plan includes: 1) Homes fronting NW 1st Street from the Pine Avenue to Railroad Street and including the Boys and Girls Club north of Pine Avenue, 2) Homes fronting the west side of Meridian Road between Pine Avenue and Idaho Avenue as served from sewers in Idaho Avenue or Pine Avenue, 3) Homes fronting Idaho Street one-half block west of NW 1 st Street to Meridian Road. This allows the abandonment of the existing alleyway sewer located between NW 1 st Avenue and Meridian Road from Pine Avenue to Idaho Avenue. This project conforms to the CITY's overall objective of decommissioning existing alley sewers in the downtown area. See separate attached documents: • Sewer Main Replacement — NW 1 st Street Specifications and Special Provisions (221 Pages) • Sewer Main Replacement — NW 1 st Street Plans (11 Pages) • Water Main Replacement — W. Idaho Ave. Supplemental Specifications & Special Provisions (102 Pages) • Water Main Replacement — W. Idaho Ave. Plans (7 Pages) W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.b Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1 ,719,718.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion (210) Days from Notice to Proceed Milestone 2 Final Completion (240) Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for the PROJECT NAME Project per ITB BID #. NOT-TO-EXCEED AMOUNT.............................................$1,719,718.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price BID SCHEDULE A— NW 1 st STREET SEWER MAIN REPLACEMENT 205.4.1.13.1 Dewatering 1 LS $5,000 304.4.1.13.1 Trench Foundation Stabilization Material 100 TN $50 306.4.1.D.1 Imported Trench Backfill 500 TN $40 307.4.1.F.1 Type"P-1"Surface Restoration(Asphalt Roadway-Sewer 720 LF $80 Main 308.4.1.C.1 PVC Casing Sleeve-Sewer Service 10 EA $2,000 501.4.1.13.1 Gravity Sewer-8"PVC 680 LF $220 501.4.1.C.1 PVCV Inspection(Pre/Post Construction)-Gravity Sewer-8" 1672 LF $4 502.4.1.A.1 Sanitary Sewer Manhole-48"Type A 8 EA $10,000 502.4.1.F.1 Connect to Existing Sewer or Manhole 4 EA $3,000 504.4.1.E.1 Sewer Service-4-inch 3130 LF $120 504.4.1.F.1 Sewer Service Home Interior Rerouting 6 EA $8,000 507.4.11.1 Sewer Service Investigations 16 EA $500 507.4.1.M.1 Pre-Abandonment CCTV and Investigations 2030 LF $4 507.4.1.N.1 Abandon Existing Sewer 2030 LF $10 507.4.1.0.1 Abandon Sanitary Sewer Manhole 5 EA $4,000 W. Idaho Water Main and NW 1It Street Sewer Main - Replacements Project #11032.b 509.4.1.D.1 Abandon Sewer Service Connection(CIPP)at Sewer Main 5 EA $4,000 601.4.1.B.1 Irrigation/Storm Drain Crossing 20 EA $1,500 1103.4.1.A.1 Construction Traffic Control 1 LS $60,000 2010.4.1.A.1 Mobilization(5%Max.) 1 LS $40,000 SP-2105.4.1.A.1 Sewage By-Pass Systems 1 LS $15,000 SP-2216.4.1.A.1 Storm Water Management 1 LS $5,000 BID SCHEDULE B — NW 1st STREET SEWER MAIN REPLACEMENT 303.4.1.C.1 Ex lora ory Excavation 1 EA $3,500 307.4.1 .A.1 Miscellaneous Surface Restoration 1 LS $280,000 (Landscaping) 307.4.1 .D.1 Type "C" Surface Restoration (Gravel 42 LF $20 Roadway) 307.4.1.F.1 Main Line Type "P" Surface Restoration 580 LF $80 Asphalt Roadway) 307.4.1.F.5 Service Line Type "P" Surface 382 LF $80 Restoration (Asphalt Roadway) 401.4.1.A.1 Water Main Pipe - 8" 547 LF $130 401.4.1.A.1 Water Main Pipe - 6" 40 LF $200 402.4.1.A.1 Valve - Size 8" Gate Valve 4 EA $3,200 402.4.1.A.1 Valve - Size 6" Gate Valve 2 EA $2,800 403.4.1.A.1 Fire Hydrant 2 EA $10,000 404.4.1 .A.1 Water Service Connection -3/4" Meter - 15 EA $2,800 Single 405.4.1.A.1 Non-potable Water Main and Sewer Main 4 EA $5,000 Crossing 706.4.1.A.5 Standard 6" Vertical Curb and Gutter 37 LF $100 706.4.1.E.1 Concrete Sidewalks, 4' Wide, 4" Thick 5 LF $200 1103.4.1.A.1 Construction Traffic Control 1 LS $60,000 2010.4.1.A.1 Mobilization 1 LS $40,000 SP-2130.4.1 .A Connect to Existing Water Main 4 EA $3,000 SP-2165.4.1 .A.1 Abandon Existing Water Main 1 EA $5,000 SP-2216.4.1 .A.1 Stormwater Management 1 LS $5,000 SP-2220.4.1 .A.1 New Water Service Line 463 LF $100 W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements Project #11032.b CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 2/1/2023 REQUESTING DEPARTMENT Public Works Project Name: W. IDAHO WATER MAIN AND NW 1ST STREET SEWER MAIN - REPLACEMENTS Project Manager: Brent Blake Contract Amount: $1,719,718 Contractor/Consultant/Design Engineer: Cougar Excavation Is this a change order? Yes ❑ No ❑ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3490-3590 Yes ❑✓ No ❑ Construction ❑� GL Account 95000 FY Budget: 23 Task Order ❑ Project Number: 11032.b Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ❑ Grant ❑ IV. PROCUREMENT USE ONLY-GRANT INFORMATION(to be completed only on Grant funded projects) Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 1/19/2023 7 day protest period ends: January 26,2023 VI. PROCUREMENT USE ONLY-CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License PWC-C-16438 Expiration Date: 2/28/2023 Corporation Status Active Good Standing Insurance Certificates Received(Date): Expiration Date: Rating: Payment and Performance Bonds Received(Date): Rating: Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? N/A (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve Vill. PROCUREMENT USE ONLY- AWARD INFORMATION Date Submitted to Clerk for Agenda: February 14,2023 Approval Date February 21,2023 By: Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution 23-2374: A Resolution Approving Dedication Deed and Termination of Well Site Lease Agreement; authorizing the Mayor and City Clerk to Execute, Attest, and Record said Instrument; and Providing and Effective Date Mayor Robert E. Sirrison C�w IDIAN� City Council Members Joe Borton John Overton Liz Strader Jessica Perreaul Public Works I D A H 0 Brad Hoaglun Luke Cavener Department TO: Mayor Robert E. Simison Members of the City Council FROM: Kyle Radek, Assistant City Engineer-Water DATE: February 7,2023 SUBJECT: GRAYCLIFF WELL LOT DEDICATION DEED AND EASEMENT AGREEMENT REQUESTED COUNCIL DATE: I. RECOMMENDED ACTION A. Move to: 1. Approve the attached resolution to execute and record the Well Lot Dedication Deed and Termination of Well Site Lease Agreement 2. Approve the attached resolution to execute and record the Easement Agreement for City Well Overflow Pipeline II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assistant City Engineer-Water 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION Back ram: In 2015, the City entered into an agreement to lease property on which to build a municipal well. Well 32 has since been built on the property. The developer was required to convey the lot to the City upon platting. The lot has since been platted and will be dedicated to the City by this deed. Additionally,an easement was required by the City to allow construction of a pipe to drain overflow water from the flush line Page I of'2 retention pond on the well site to a nearby irrigation facility. An easement agreement is now provided to grant that easement. IV. IMPACT A. Service/Delivery Impact: Acquiring the well lot and the easement will allow the City to continue to provide service from this site. B. Fiscal Impact: There is no cost to the City to receive the well lot and easement. V. TIME CONSTRAINTS Dedication of the well lot and granting the easement to the City are a requirement for the current phase of Graycliff Estates Subdivision. Execution of these documents in a timely manner will allow the development to be approved. VII. LIST OF ATTACHMENTS 1. Resolution Approving Dedication Deed and Termination of Well Site Lease Agreement 2. Resolution Approving Easement Agreement 3. Dedication Deed and Termination of Well Site Lease Agreement 4. Easement Agreement 5. Well Site Lease Agreement Approved for Council Agenda: Page 2 of'2 CITY OF MERIDIAN RESOLUTION NO. 23-2374 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION APPROVING DEDICATION DEED AND TERMINATION OF WELL SITE LEASE AGREEEMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ATTEST,AND RECORD SAID INSTRUMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Meridian("City") and KB Home Idaho, LLC ("Developer") are parties to that certain Well Site Lease Agreement("Lease")recorded in the real property records of Ada County, Idaho, as Instrument No. 2015-056405; and, WHEREAS,Developer now wishes to convey its interest in Lot 1 in Block 7 of Graycliff Estates Subdivision No. 2 ("Well Lot") to City for use as a municipal well site; and, WHEREAS, once the Well Lot is conveyed to City, the Lease shall terminate; and, WHEREAS,the Dedication Deed and Termination of Well Site Agreement("Dedication Deed"), which is attached hereto, conveys said Well Lot to City; NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,AS FOLLOWS: Section 1. That the Dedication Deed is hereby approved as to form and content. Section 2. That the Mayor and City Clerk be, and hereby are, authorized to execute and attest, respectively, said Dedication Deed for and on behalf of the City. Section 3. That the City Clerk is hereby directed to timely record the Dedication Deed in the real property records of Ada County, Idaho. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 21 st day of February 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 21 st day of February 2023. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION APPROVING DEDICATION DEED AND LEASE TERMINATION PAGE I OF I ADA COUNTY RECORDER Trent Tripple 2023-010564 BOISEIDAHO Pgs=3 NIKOLA OLSON 02/22/2023 09:55 AM Recording requested by,retum to, CITY OF MERIDIAN, IDAHO NO FEE and mail t",statements to: City of Meridian C/O Public Works Department 33 E.Broadway Ave. Meridian,Idaho 83642 (Above Space for Recorder's Use Only) DEDICATION DEED AND TERMINATION OF WELL SITE LEASE AGREEMENT (Ada County Instrument No. 2015-086405) KB Home Idaho LLC,a Delaware limited liability company("Developer"); does hereby dedicate and convey unto: City of Meridian, an Idaho municipal corporation ("City"), whose address is C/O Public Works Department, 33 E. Broadway Ave., Meridian, Idaho 83642; all of Developer's right, title and interest in the following real property (the "Property"), subject to the provisions of this instrument: Lot I in Block 7 of Graycliff Estates Subdivision No. 2, according to the official plat thereof recorded in the real property records of Ada County, Idaho as Instrument No. 2022-090872. The Property will remain subject to all encumbrances of record, including those identified on the plat of Graycliff Estates Subdivision No. 2. Developer covenants to City that the Property is free from encumbrances done, made or Suffered by Developer, or any person claiming under Developer,except(a)general taxes and assessments for the current year that are not yet due and payable; (b) matters of record or appearing from a careful inspection of the Property; and(c) matters arising from the acts or omissions of City or its agents. Developer and City are parties to that certain Well Site Lease Agreement recorded in the real property records of Ada County, Idaho as Instrument No. 2015-086405 (the"Well Site Lease")that encumbers the Property. Developer and City agree that as of the Effective Date, the Well Site Lease shall merge into the fee simple estate and terminate. DATED effective as of the date this Dedication Deed is recorded in the real property records of Ada County, Idaho. end of text; counterpart signature pages follow DEDICATION DEED AND TERMINATION OF WELL SITE LEASE PAGE I OF 3 COUNTERPART SIGNATURE PAGE "Developer" KB HOME IDAHO LLC,a Delaware limited liability company By: Thomas M. Coleman, Jr., President STATE OF IDAHO } } ss County of Ada ) This record was acknowledged before me on J19NWO!l I-O Ll by Thomas M. Coleman, Jr. as President of KB Home Idaho LLC. otary Public SABRINA DURTSCHI COMMISSION#46693 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 04/27/2024 DEDICATION DEED AND TERMINATION OF WELL SITE LEASE PAGE 2 OF 3 COUNTERPART SIGNATURE PAGE "City" CITY OF MERIDIAN,an Idaho municipal corporation By: Robert E. Simison, Mayor 2-21-2023 Attest: Chris Johnson,City Clerk 2-21-2023 STATE OF IDAHO } }ss County of Gem ' } This record was acknowledged before me on 2-21-2023 by Robert E. Simison and Chris Johnson, as Mayor and City Clerk, respectively,of the City of Meridian. Notary Public Residing in Meridian,Idaho My Commission Expires: 3-28-2028 DEDICATION DEED AND TERMINATION OF WELL SITE LEASE PAGE 3 OFa E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution 23-2375: A Resolution Approving Easement Agreement (City Well Overflow Pipeline); Authorizing the Mayor and City Clerk to Execute, Attest, And Record Said Instrument, And Providing an Effective Date Mayor Robert E. Sirrison C�w IDIAN� City Council Members Joe Borton John Overton Liz Strader Jessica Perreaul Public Works I D A H 0 Brad Hoaglun Luke Cavener Department TO: Mayor Robert E. Simison Members of the City Council FROM: Kyle Radek, Assistant City Engineer-Water DATE: February 7,2023 SUBJECT: GRAYCLIFF WELL LOT DEDICATION DEED AND EASEMENT AGREEMENT REQUESTED COUNCIL DATE: I. RECOMMENDED ACTION A. Move to: 1. Approve the attached resolution to execute and record the Well Lot Dedication Deed and Termination of Well Site Lease Agreement 2. Approve the attached resolution to execute and record the Easement Agreement for City Well Overflow Pipeline II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assistant City Engineer-Water 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION Back ram: In 2015, the City entered into an agreement to lease property on which to build a municipal well. Well 32 has since been built on the property. The developer was required to convey the lot to the City upon platting. The lot has since been platted and will be dedicated to the City by this deed. Additionally,an easement was required by the City to allow construction of a pipe to drain overflow water from the flush line Page I of'2 retention pond on the well site to a nearby irrigation facility. An easement agreement is now provided to grant that easement. IV. IMPACT A. Service/Delivery Impact: Acquiring the well lot and the easement will allow the City to continue to provide service from this site. B. Fiscal Impact: There is no cost to the City to receive the well lot and easement. V. TIME CONSTRAINTS Dedication of the well lot and granting the easement to the City are a requirement for the current phase of Graycliff Estates Subdivision. Execution of these documents in a timely manner will allow the development to be approved. VII. LIST OF ATTACHMENTS 1. Resolution Approving Dedication Deed and Termination of Well Site Lease Agreement 2. Resolution Approving Easement Agreement 3. Dedication Deed and Termination of Well Site Lease Agreement 4. Easement Agreement 5. Well Site Lease Agreement Approved for Council Agenda: Page 2 of'2 CITY OF MERIDIAN RESOLUTION NO. 23-2375 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION APPROVING EASEMENT AGREEMENT (CITY WELL OVERFLOW PIPELINE); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ATTEST, AND RECORD SAID INSTRUMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,KB Home Idaho, LLC ("Developer") has executed a special warranty deed to convey its interest in Lot 1 in Block 7 of Graycliff Estates Subdivision No. 2 ("Well Lot") to the City of Meridian("City") for use as a municipal well site; and, WHEREAS, Developer desires to grant a non-exclusive easement to City over a portion of Lot 2 in Block 7 of Graycliff Estates Subdivision No. 2 for an underground pipeline for overflow water from said Well Lot; and, WHEREAS,the Easement Agreement(City Well Overflow Pipeline) ("Easement Agreement"), which is attached hereto, grants to City a non-exclusive easement for the installation, operation, maintenance, repair, and replacement of said pipeline; NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,AS FOLLOWS: Section 1. That the Easement Agreement is hereby approved as to form and content. Section 2. That the Mayor and City Clerk be, and hereby are, authorized to execute and attest, respectively, said Easement Agreement for and on behalf of the City. Section 3. That the City Clerk is hereby directed to timely record the Easement Agreement in the real property records of Ada County, Idaho. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 21 st day of February 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 21 st day of February 2023. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION APPROVING EASEMENT AGREEMENT FOR UNDERGROUND PIPELINE PAGE I OF I ADA COUNTY RECORDER Trent Tripple 2023-010569 BOISEIDAHO Pgs=5 NIKOLA OLSON 02/22/2023 09:56 AM Recording requested by: CITY OF MERIDIAN, IDAHO NO FEE City of Meridian c/o Public Works Department 33 E.Broadway Ave.,Meridian,Idaho 83642 (Space Above for Recorder's Use) EASEMENT AGREEMENT (City Well Overflow Pipeline) This Easement Agreement (this "Agreement") is entered into effective as of the date this Agreement is recorded in the real property records of Ada County, Idaho (the "Effective Date") by and between KB Home Idaho LLC, a Delaware limited liability company ("Grantor") and the City of Meridian, an Idaho municipal corporation ("City"), whose current mailing address is 33 E. Broadway Ave. Meridian, Idaho 83642. Grantor owns the real property that is legally described as follows (the "Easement Area"): The northern twenty (20) feet of Lot 2 in Block 7 of Graycliff Estates Subdivision No. 2, according to the official plat thereof recorded in the real property records of Ada County, Idaho as Instrument No. 2022-090872, as further legally described and graphically depicted on Exhibit A, attached hereto. City owns the real property that is legally described as follows (the "Benefitted Parcel"): Lot I in Block 7 of Graycliff Estates Subdivision No. 2, according to the official 0 plat thereof recorded in the real property records of Ada County, Idaho as Instrument No. 2022-090872. Grantor hereby -rants to City a non-exclusive easement over the Easement Area for installation, operation, maintenance, repair and replacement of an underground pipe-line from the Benefitted Parcel to the lands west of the Easement Area for the delivery of overflow water from the City's municipal well located on the Benefitted Parcel. City covenants that it will restore the surface of the Easement Area after any installation, inspection, maintenance, repair and replacement of the underground pipeline,including any paving or landscaping located thereon,to as good of condition as when entered upon by City. Grantor covenants that it will not place any permanent structures, trees, or shrubs within the Easement Area which would interfere with the installation, operation, maintenance, repair and replacement of the underground pipeline. This Agreement may not be terminated or amended except by a written instrument executed by Grantor and City, which instrument will be effective upon recordation in the real property records of Ada County, Idaho. After five (5) years after the Effective Date, if the Easement Area is not used by the City for the purposes set forth herein for a continuous period of one (1) year or more, then Grantor may request that City terminate this Agreement, the approval of which will not be unreasonably withheld, conditioned or delayed. The right of City hereunder may be exercised by City's employees, agents or contractors. The Agreement is subject to all matters of record or appearing on the land. EASEMENT AGREEMENT PAGE 1 OF 5 COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties to this Easement Agreement have caused it to be executed effective as of the date this Easement Agreement is recorded in the real property records of Ada County, Idaho. Developer: KB HOME IDAHO LLC, a Delaware limited liability company By: 1 Thomas M. Coleman, Jr., President STATE OF IDAHO } ss. County of Ada ) This record was signed before me on ��v��q�_�, L� .7c�Z� by Thomas M. Coleman, Jr. as President of KB Home Idaho, LLC. SABRINA DURTSCHI 7 COMMISSION#46693 NOTARY PUBLIC Diary Signature STATE OF IDAHO MY COMMISSION EXPIRES 04/27/2024 EASEMENT AGREEMENT PAGE 2 OF 5 COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties to this Easement Agreement have caused it to be executed effective as of the date this Easement Agreement is recorded in the real property records of Ada County, Idaho. City: CITY OF MERIDIAN an Idaho municipal corporation By: Robert E. Simison, Mayor 2-21-2023 ATTEST: By: Chris Johnson, City Clerk 2-21-2023 STATE OF IDAHO ) ) ss. County of Ada ) This record was signed before me on 2-21-2023 by Robert E. Simison as Mayor, and by Chris Johnson as City Clerk, of the City of Meridian. Notary Signature Residing in Meridian, Idaho My Commission Expires: 3-28-2028 EASEMENT AGREEMENT PAGE 3 OF 5 EXHIBIT A LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF THE EASEMENT AREA An easement located in the South 1/2 of Section 25, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the northeast corner of the SE 1/4 (E 1/4 corner) of said Section 25, from which a Brass Cap monument marking the northeast corner of said Section 25 bears North 00025'47" East a distance of 2642.94 feet; Thence North 89°29'05" West along the northerly boundary of said SE 1/4 a distance of 1320.30 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of Meridian Heights No. 3 Subdivision as shown in Book 62 of Plats on Pages 6274 and 6275,Records of Ada County, Idaho, also being the northeast corner of the NW 1/4 of the SE 1/4 of said Section 25; Thence along the northerly boundary of said NW 1/4 of the SE 1/4 North 89°23'56" West a distance of 1153.22 feet to the POINT OF BEGINNING; Thence leaving said boundary South 51°44'45" East a distance of 32.74 feet; Thence North 89°23'56" West a distance of 193.36 feet to a point on the westerly boundary of the NW 1/4 of the SE 1/4 of said Section 25; Thence along said westerly boundary North 00°27'25" East a distance of 20.00 feet to the Center 1/4 corner of said Section 25; Thence along the northerly boundary of the NW 1/4 of the SE 1/4 of said Section 25 South 89°23'56" East, 167.47 feet to the POINT OF BEGINNING. Contains 3,608 square feet, more or less. EASEMENT AGREEMENT PAGE 4 OF 5 � u na�7'z�• E!� A f9,1 � S mac► O a� tia� v� M 133 (p Fa -a a ___________-- i PR tug 00 , f __ BASIS OF BEARING �O� S. IffD _IAN ROAD c V N W25'47" E 2642.94` SC E 1"=100` iNEERI tt I.d a .�>E 07/30/15 PROPOSED WELL OVERFLOW EASEMENT Aft PRQJ, ND. 140529 GRAYCLIFF ESTATES SUBDIVISION L TIOS SHEEP 1 OF 1 LOCATED IN THE SE 1 4 OF SECTON 25, T.M., R.M, B.M. 1023 N. ROSARIA ST., sr� 100 I�ERID1A41, IDAHO E3642 141529-WELL MUM hkb MERIDIAN, ADA COUNTY, IDAHO Phcns(208) 938-0980 Fox(20$)939-0941 EASF,iMENT AGREEMENT PAGE 5 of 5 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll Mayor’s Youth Isabella Deckelman February 2023–November 2022 Council Advisory Government Affairs City Hall Tour about city government.City Hall Department to learn more with a representative from every Johnson, the City Clerk, and met through the building with Chris different departments. Meridian City Hall and visit tourMYAC had the opportunity to 12/5– Legislative Reception with the substances.officials about their perspectives on the use of these American Heart Association to speak with legislators and state then went to the Capitol with the MYACersto legislators. the locations of schools to show the proximity of these locations stores that sell tobacco, nicotine, and vape products as well as helped put together a map showing the location of MYACers 1/31 –American Heart Association Tour of the State functions. how the Idaho State government Capitol and got to learn more about went on a tour of the State MYAC 2/17–Capitol Community Service Trunk or Treat game!of a fun fishing out candy as part members handed Treat, in which booth at Trunk or MYAC had a 10/27- Holiday Helper festive posters. Christmas tree, and hung made snowflakes, set up a Holiday Helpers. Members Expo Idaho building for the decorations in the making and putting up ALL MYAC was in charge of and 11/810/28, 11/4, –Decorating Rake Up Meridian two different houses. and bagged leaves for Members raked yards our community. and others in need in event supporting seniors Meridian, a community participated in Rake Up MYAC members 11/12 and 11/19– Winter Garden neighboring areas.attendees to questions and guided members answered throughout the garden, Garden event. Stationed for the Idaho Botanical volunteers and guides Members served as 12/21–aGlow Nonprofit Panel and Valentine’s Meridian Senior Center. Valentine’s Day cards for the After, members made through a panel discussion. about community aid groups District) to inform members Green (Meridian Library (Meridian Senior Center), Day Card Decorations: 2/13 Leadership Development Guest Speaker Nick to manage and create events.and the coordination required collaboration, communication, learn about the importance of event. This speaker helped us studio -and present a live inlearn about how to coordinate presentation, they were able to studio event. From the -intalked about producing a live MYAC had a guest speaker who 1/30–Studio Event -of IBL Events) on Producing a Live In(CEO Aldinger Other Events Holiday Party gift exchange. and did a white elephant dressed in ugly sweaters, members played games, holiday party in which holidays, MYAC held a To celebrate the 12/19– Upcoming Events Senior Prom w/ the Meridian Senior Center-05/20 May City Council Panel-04/10 DayDoTheRight#-04/06 April Planning#DoTheRight KaneCity Attorney Emily Bylaw Overview and Updating with Deputy -03/27 March WorkshopUrban Land Institute City Development -03/13 March Thank You! & Isabella DeckelmanHoldemanKatelyn Questions? E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Meridian Solid Waste Advisory Commission Annual Update J. Scott Walters—Seat I City of Meridian Mark Nelson—Seat 2 . Vacant—Seat 3 Steven Cory—Seat 4 olWaste Megan Larsen—Seat 5 STaryn Richmond—Seat 6 Advisory Commission [[, Shawn Keating—Seat 7 Janes Leckie (Youth)—Seat 8 Tom Otte—Seat 9 To: The Mayor and City Council From: Steve Cory, Chair Re: 2022 SWAC Annual Report SWAC is pleased to submit its 2022 Annual Report: A. Membership: The Commission was fully staffed this year and we appreciate the Council's support. Commissioner Steve Cory served as Chair and Commissioner Meg Larsen served as Vice Chair. B. Community Recycling Fund Program(CRFP): 1. Fund Revenue: During FY22, despite the global market, the CRFP received revenue: $ 50,641.03 Beginning balance for FY22; $ 31,385.57 Revenue for FY22 (mostly from Hand in Hand We Recycle and $761.25 donated from Public Works Week proceeds) $ 82,026.60 Sum Beginning Balance and Revenue (as of Sep. 30, 2022) 2. Fund Expenses: During FY22, the following fund's expenses were incurred: $ 0 No expenditures 3. FY22 Approved Projects —Final accounting yet to be completed—None $ 82,026.60 FY22 Ending Fund Balance C. Trash or Treasure: This innovative program was again conducted throughout the city. The event occurred the weekend prior to the 2022 Spring Collection week. This is now a city event and SWAC supported city staff by observing the event and providing photographs. D. SWAC Annual Activity: SWAC participated in the 2022 PW Expo event on June 8th. SWAC was pleased to participate since the 2021 event had to be canceled due to COVID. Commissioners were able to talk with about 75 visitors at the booth, and most of the questions were about what could be recycled in J. Scott Walters—Seat 1 City of Meridian Mark Nelson—Seat 2 . Vacant—Seat 3 Steven Cory—Seat 4 olWaste Megan Larsen—Seat 5 STaryn Richmond—Seat 6 Advisory Commission [[, Shawn Keating—Seat 7 Janes Leckie (Youth)—Seat 8 Tom Otte—Seat 9 the cart. City staff hosted a booth outside with Republic Services and Timbercreek where booth visitors could play a sorting game with recyclable material that complimented the information visitors received at both booths. E. Recycle a Bicycle: SWAC was also pleased to provide support to the Recycle a Bicycle program last year. 46 bicycles were refurbished for distribution at the Parks and Recreation Department's Unplug and Be Outside event. Bicycles were made available to Meridian Citizens who signed up through the City's website. Despite a downpour, 34 requested bikes were delivered. The remaining bicycles went to the Boise Rescue Mission and Farmway Village residents in Canyon County. F. Global Recycling Markets: While recycling markets and recycling revenue continued to recover, revenue losses continued for Meridian's commingled recyclable stream. Revenues did increase,but processing and labor costs offset the improvement. SWAC continued to work with Republic Services and City staff to review the request from Republic Services for sharing of recycling processing losses agreeing to propose approval of another one-year extension of the processing fee. The per household recycled material processing fee was raised from $1.03 to $1.11 for FY23. G. Ada County Solid Waste Advisory Committee: SWAC Chair, Steve Cory, represents the City of Meridian's interests on the Ada County Solid Waste Advisory Committee. Mr. Cory was elected chair of the Ada County SWAC for 2023. This committee allows stakeholders to work in concert with one another to research and develop proposals for improving solid waste collection and disposal systems and services, including maintaining reasonable financial costs for the operation of the Ada County Landfill. Diversion of material away from the landfill to extend the life of the landfill is a routine subject at committee meetings. Steve Cory reports back to Meridian SWAC throughout the year providing insight and information about valley-wide solid waste matters. H. FY22 Annual Solid Waste Rate Adjustment: SWAC reviewed and recommended to City Council approval of Republic Service's proposed FY23 Annual Solid Waste Rate Adjustment. The rate adjustment for both commercial and residential services was comprised of the contractual CPI adjustment and the continuance of sharing the residential recycling processing costs as set forth in a separate contract amendment and incorporation of the FY 2022 fee increase to cover a significant spike in labor costs into the J. Scott Walters—Seat I City of Meridian Mark Nelson—Seat 2 . Vacant—Seat 3 Steven Cory—Seat 4 olWaste Megan Larsen—Seat 5 STaryn Richmond—Seat 6 Advisory Commission [[, Shawn Keating—Seat 7 Janes Leckie (Youth)—Seat 8 Tom Otte—Seat 9 3. Monitoring yard composting market trends and construction/demolition waste diversion efforts; 4. Attending the quarterly Ada County Household Hazardous Waste Program meetings and reporting back to SWAC and the Mayor and City Council as appropriate; 5. Partnering outside the city through the Ada County Solid Advisory Committee to develop an amplified, unified message to divert materials from the landfill and reduce contamination of materials collected for recycling; 6. Continued expansion of educational outreach to decrease contamination in the commingled residential recycling stream; 7. Looking for opportunities to reach out to new residents of Meridian; and 8. Looking for opportunities to reach out to the youth of Meridian. In conclusion, it has been an active year for SWAC. Our commitment is steadfast to work in partnership with staff and Republic Services to identify and recommend to the Mayor and City Council improved, fiscally sound, trash and recycling services and programs for the benefit of Meridian residential and commercial customers. SWAC looks forward to another productive year. J. Scott Walters—Seat 1 City of Meridian Mark Nelson—Seat 2 . Vacant—Seat 3 Steven Cory—Seat 4 olWaste Megan Larsen—Seat 5 STaryn Richmond—Seat 6 Advisory Commission [[, Shawn Keating—Seat 7 Janes Leckie (Youth)—Seat 8 Tom Otte—Seat 9 base waste collection fee. SWAC continues to be pleased that collection and processing costs to recycle have been set forth separately from trash collection rates. SWAC continues to believe that this transparency assists the city and public in better understanding the recycling industry's strengths and weaknesses when contemplating future programs or changes to existing ones. I. Subscription services: Subscriptions for curbside grass pickup have increased to 664 subscribers as opposed to 521 last year. Subscriptions for curbside glass pickup have increased to 190 subscribers as opposed to 170 last year. These are out of 40,388 active residential accounts. J. Ada County Household Hazardous Waste Quarterly Meetings: Commissioner Nelson and city staff attend the quarterly meetings to stay current on the county HHHW program and related topics. They report back to SWAC after each meeting to review what was discussed. K. Presentations: Throughout the year SWAC received presentations regarding the following topics: 1. Solid Waste Program metrics and data(City Staff); 2. Squishy Water Bottle pilot program report (Republic Services and City Staff); 3. CRFP Program and account balance (City Staff); 4. Community outreach(City Staff); 5. Holiday light recycling project(City Staff); 6. Trash or Treasure and spring clean-up (City Staff); 7. Recycle a Bicycle program status (Commissioner Nelson, Republic Services, City Staff); 8. Review of the franchise contract(City Staff); 9. County HHHW meeting reviews (Commissioner Nelson and City Staff); and 10. FY23 proposed SW rates and new fees (Republic Services and City staff). L. Upcoming Commission Business: In 2023, SWAC is looking forward to working with Republic Services and City staff on the following projects: 1. Furthering improvements in recycling efforts including reviewing the needs of the parties purchasing the materials to be recycled, opportunities to reduce contamination, and evaluating improving material separation technologies. 2. Promoting Meridian's Trash or Treasure, Hand in Hand, and Recycle a Bicycle programs; 2022 Annual Report of the Solid Waste Advisory Commission 2022 2023 SWAC Commission- FY22 Community Recycling Fund Program Current Available Balance $ 82,026.60none-Approved but not distributed none-Distributions Additions $ 31,385.57Beginning Balance $ 50,641.03Balance CY 2022 Activities Ada County Hazardous Waste ProgramAda County SWACRecycle a BicyclePublic Works ExpoTrash or Treasure Trash or Treasure Public Works Expo Booth Recycle a Bicycle Recycle a Bicycle Annual Rate Adjustment material processingContinued cost sharing for residential recycled (absorbed increase cost for labor from FY2021)Franchise agreement contractual CPI adjustment  Presentations Proposed rates and fees for FY23.County HHHW meeting reviews; andReview of franchise contract;Recycle a Bicycle program status;up;-Trash or treasure and spring cleanHoliday light recycling project;Community outreach;CRFP program and account balance;Squishy water bottle program pilot project;Solid waste program metrics and data; Upcoming Business while be mindful of the ratepayer.and recycling practices and systems Improving and protecting the city’s waste E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Finance Department: Fiscal Year 2022 Budget to Actual Results Finance -MEN _ a �/4i�E I1ZDIAN WWW_ MER1DIANCITY . ORG iowwo 1 City of Meridian Agenda Present FY2022 Financials Change to Fund Balances Impact Fee Fund Results Next Quarterly Update .I1Y_i• uestions �/4i�E I1ZDIAN WWW _ MER1DIANCITY . ORG iowwo 1 City of Meridian FY2022 Financials - Revenue FY2022 Budget to Actual Results - Revenue General Fund $50,000,000 101.1% $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 133.6% $15,000,000 169.5% $10,000,000 164.6% 106.4 $5,000,000 i24.2% (24.2%) $- Em m $(5,000,000) oQe eS� pie ��c ko \� rec G ■Budget ■Actual City of Meridian FY2022 Fina ncials - Expenses FY2022 Budget to Actual Results - Personnel Expenses General Fund $25,000,000 94.9% $20,000,000 $15,000,000 95.6% $10,000,000 91.4% $5,000,000 75.4% 100.8% WM $- - 0 Admin Comm.Dev. Fire Parks Police ■Budget ■Actual City of Meridian FY2022 Financials - Expenses FY2022 Budget to Actual Results - Operating Expenses General Fund S6,000,000 69.9% 217.6% 114.9% $5,000,000 102.3% $4,000,000 $3,000,000 82 6% $2,000,000 $1,000,000 S- Admin Comm. rev. Fire Parks Police Budget i Actual City of Meridian FY2022 Financials - Expenses FY2022 Budget to Actual Results - Capital Expenses General Fund $25,000,000 42.8% 21.2% $20,000,000 $15,000,000 19.9% $10,000,000 $5,000,000 25.4% 93.6% Admin Comm. Dev. Fire Parks Police ■Budget ■Actual City of Meridian FY2021 Financials — Fund Summ ,,,, FY2022 Budget to Actual Results General Fund 590,000,000 112.1% $80,000,000 S70,000,000 29.9% 560,000,000 43.3% $50,000,000 $40,000,000 $30,000,000 106.2% 520,000,000 $10,000,000 S- -. V� _.. Revenue Personnel Operating Capital Budget ■Actual City of Meridian FY2022 Change to Fund Balanc Impact Fee Fund ($4,128,751) General Fund Community Development $5,271,271 $3,671,538 General Fund Change to Fund Balance $2,985,345 Capital Grants Fund Improvement $1,117 Fund ($1,819,531) Public Safety Fund ($10,297) CAFE I1ZDIANA-- WWW_ MER1DIANCITY . ORG iowwo 1 City of Meridian FY2022 Financials - Revenue Revenue FY2O22 Budget to Actual Results - Revenue Enterprise Fund $20,000,000 102.7% $18,000,000 $16,000,000 $14,000,000 133.5% $12,000,000 101.7% $10,000,000 $8,000,000 119.8% $6,000,000 34.1% $4,000,000 106.5% $2,000,000 $- W I Water Sales Sewer Sales Water Sewer EPA Compliance Other Revenue Assessment Assessment Fee ■Budget ■Actual City of Meridian FY2022 Financials - Expenses FY2022 Budget to Actual Results - Personnel Expenses Enterprise Fund 56,000,000 86.4% $s,000,000 87.0% 54,000,000 88.7% $3,000,000 $2,000,000 $1,000,000 88.5% MUBS Public Works Wastewater Water m Budget ■Actual City of Meridian FY2022 Financials - Expenses FY2022 Budget to Actual Results - Operating Expenses Enterprise Fund $4,500,000 89.2% 85.9% $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 67.9% $1,000,000 94.5% $500,000 $- y MUGS Public Works Wastewater Water r Budget ■Actual City of Meridian FY2022 Financials - Expenses FY2022 Budget to Actual Results - Capital Expenses Enterprise Fund $35,000,000 31.9% $30,000,000 $25,000,000 $20,000,Ooo 40.1% $15,000,000 $10,000,000 $5,000,000 ■ MUBS Public Works Wastewater Water Budget mActual City of Meridian FY2022 Financials — Fund Summ ,,,, FY2022 Budget to Actual Results Enterprise Fund $60,000,000 105.5% 34.3% $50,000,000 $40,000,000 $30,000,000 $20,000,000 87.2% 85.8% $z0,000,000 S- — Revenue Personnel Operating Capital ■Budget ■Actual City of Meridian FY2022 Change Water Operations ($2,832,381) s Enterprise Wastewater Fund Water Capital Change to Fund Capital $5,608,681 g $3,950,695 Balance $11,109,009 Wastewater Operations $4,382,013 • City of Meridian FY2022 Financials - Revenue Revenue FY2022 Budget to Actual Results - Revenue Impact Fee Fund $4,500,000 92.9% $4,000,000 $3,500,000 $3,000,000 $2,500,000 134.2% $2,000,000 $1,500,000 $1,000,000 $500,000 123.4% Fire Parks Police o Budget ■Actual City of Meridian FY2022 Financials - Expenses FY2O22 Budget to Actual Results Impact Fee Fund - Fire Department $9,000,000 37.2% $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 134.2% $2,000,000 $1,000,000 $ Revenue Operating Capital ■Budget ■Actual City of Meridian FY2022 Financials - Expenses FY2022 Budget to Actual Results Impact Fee Fund - Parks Department $16,000,000 43.4% $14,000,000 $12,000,000 $10,000,000 S8,000,000 $6,000,000 92.9% $4,000,000 $2,000,000 $- Revenue Operating Capital A Budget ■Actual City of Meridian FY2022 Financials - Expenses FY2022 Budget to Actual Results Impact Fee Fund - Police Department $4,000,000 30.5% $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 123.4% $500,000 $- - Revenue Operating Capital ■Budget SActual City of Meridian FY2022 Financials — Fund Summ , FY2022 Budget to Actual Results Impact Fee Fund $30,000,000 39.6% $25,000,000 $20,000,000 $15,000,000 $10,000,000 106.4% $s,000,000 IN S- Reve3 ,n_ Operating Capital Budget ■Actual City of Meridian FY2022 Change to Fund Balanc Parks Department ($2,645,480) Fire Police Department Department ($801,570) ($681,701) Impact Fee Fund Change to Fund Balance ($4,128,751) �/4i�E I1ZDIAN WWW_ MER1DIANCITY . ORG iowwo 1 City of Meridian Reca p Presented FY2022 Presented Preser Actual Changes to Impact Financial Fund Fund RE Results Balances City of Meridian Next QuarterlyUpdate ( May) Information will focus on demographics and statistics Population Per Capita / / Employee per Median Permit Water Contract Count / Income / Sales Usage Information Utility per Utility Account �/4i�E I1ZDIAN WWW _ MER1DIANCITY . ORG iowwo 1 City of Meridian Questions r OV MEIRt, ..fit UWANCI f • �j4i�E I1ZDIAN WWW_ MER1DIANCITY . ORG iowwo 1