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HomeMy WebLinkAbout2023-07-11 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, July 11, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Mayor Robert E. Simison ABSENT Councilwoman Jessica Perreault Councilman Luke Cavener ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved 1. Approve Minutes of the June 20, 2023 City Council Work Session 2. Approve Minutes of the June 20, 2023 City Council Regular Meeting 3. Approve Minutes of the June 27, 2023 City Council Regular Meeting 4. Approve Minutes of the June 27, 2023 City Council Work Session 5. Approve Minutes of the June 29, 2023 City Council Budget Workshop 6. Outer Banks - Elk Ventures POD3 Development Water Main Easement (ESMT- 2023-0086) 7. TM Creek Subdivision Sanitary Sewer and Water Main Easement (ESMT-2023- 0089) 8. Final Order for Biltmore Subdivision No. 4 (MFP-2023-0001), generally located in the north 1/2 of Section 25, T.3N, R.1W., by Engineering Solutions 9. Findings of Fact, Conclusions of Law for Artisan Victory Market (H-2022-0066) by Kindi Moosman, Horrocks Engineers, Inc., located at 2820, 2910, 2960, 2990 and 3020 S. Eagle Rd. 10. Findings of Fact, Conclusions of Law for Compass Pointe Subdivision (H-2023- 0004) by A Team Land Consultants, located at 3245 and 3247 S. Locust Grove Rd. 11. Findings of Fact, Conclusions of Law for Ringneck Place Subdivision (H-2023- 0009) by RiveRidge Engineering Company, located at 2315 E. Ustick Rd. (Parcel No. S1105212448 and Parcel No. S1105212449) 12. Modification to Development Agreement (AAA Oregon/Idaho H-2023-0017) between the City of Meridian and AAA Oregon/Idaho for Property Located at 1139 and 1065 E. Fairview Ave. 13. Task Order for Design, Fabrication, and Delivery of Discovery Park Artwork: Wildlife Benches between Colin Selig and the City of Meridian for a Not-to-Exceed Amount of $25,000.00 14. Task Order for Fabrication and Installation of Discovery Park Artwork: Fanfare Between Steven Parker and the City of Meridian for a Not-to-Exceed Amount of $50,000.00 15. FY24 Renewal Agreement for Dispatch Services between Ada County and City of Meridian 16. Fiscal Year 2023 Budget Amendment in the Amount of $9,370.00 for City Hall Gym Treadmill Replacement 17. Fiscal Year 2023 Net-Zero Budget Amendment in the amount of $16,195.00 for Community Risk Reduction Education Supplies 18. Fiscal Year 2023 Net-Zero Budget Amendment in the Amount of $13,000.00 for Addition of Flowering Cherry Trees at Kleiner Park Motion to approve made by Councilman Hoaglun, Seconded by Councilman Overton Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] 19. Master License Agreement Between the City of Meridian and Crown Castle Fiber, LLC, for the Use of Licensor Property in Connection with the Operation of a Wireless Network Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Overton Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton Voting Nay: Councilwoman Strader 20. Master License Agreement Between the City of Meridian and Verizon Wireless for the Use of Licensor Property in Connection with the Operation of a Wireless Network Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Overton Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton Voting Nay: Councilwoman Strader DEPARTMENT / COMMISSION REPORTS \[Action Item\] 21. Gowen Thunder Airshow & Open House Presentation 22. Fiscal Year 2023 Budget Amendment in the amount of $48,950.00 for City Hall Tenant Improvements Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Overton Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton 23. Public Works: Cost of Service Study and Proposed Fiscal Year 2024 Water and Sewer Fees EXECUTIVE SESSION 24. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Motion to adjourn into Executive Session made by Councilman Hoaglun, Seconded by Councilman Overton Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton Into session: 5:28 P.M. Out of session 6:00 P.M. ADJOURNMENT 6:00 P.M. Meridian City Council Work Session July 11, 2023. A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, July 11, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Liz Strader and John Overton. Members Absent: Luke Cavener and Jessica Perreault. Also present: Joy Hall, Bill Nary, Laurelei McVey, Shawn Harper, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton Jessica Perreault Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is July 11th, 2023, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next up is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to go into the adoption of the agenda, for our Consent Agenda we had a request to remove Items 15 and 16 and we will move those down to items removed from the Consent Agenda, so they will not be on the Consent Agenda, but we will hear them in order. We talked about do we do them after 21 , but I think we can just take care of those in a timely fashion to not impact anything else. So, with that change noted, Mr. Mayor, I move adoption of the agenda as amended. Overton: Second. Simison: Have a motion and a second to adopt agenda as amended -- as amended. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is -- or the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council Work Session July 11,2023 Page 2 of 22 CONSENT AGENDA [Action Item] 1. Approve Minutes of the June 20, 2023 City Council Work Session 2. Approve Minutes of the June 20, 2023 City Council Regular Meeting 3. Approve Minutes of the June 27, 2023 City Council Regular Meeting 4. Approve Minutes of the June 27, 2023 City Council Work Session 5. Approve Minutes of the June 29, 2023 City Council Budget Workshop 6. Outer Banks - Elk Ventures POD3 Development Water Main Easement (ESMT2023-0086) 7. TM Creek Subdivision Sanitary Sewer and Water Main Easement (ESMT-2023-0089) 8. Final Order for Biltmore Subdivision No. 4 (MFP-2023-0001), generally located in the north 1/2 of Section 25, T.3N, R.1W., by Engineering Solutions 9. Findings of Fact, Conclusions of Law for Artisan Victory Market (H- 2022-0066) by Kindi Moosman, Horrocks Engineers, Inc., located at 2820, 2910, 2960, 2990 and 3020 S. Eagle Rd. 10. Findings of Fact, Conclusions of Law for Compass Pointe Subdivision (H-2023-0004) by A Team Land Consultants, located at 3245 and 3247 S. Locust Grove Rd. 11. Findings of Fact, Conclusions of Law for Ringneck Place Subdivision (H-2023-0009) by RiveRidge Engineering Company, located at 2315 E. Ustick Rd. (Parcel No. S1105212448 and Parcel No. S1105212449) 12. Modification to Development Agreement (AAA Oregon/Idaho H-2023- 0017) between the City of Meridian and AAA Oregon/Idaho for Property Located at 1139 and 1065 E. Fairview Ave. 13. Task Order for Design, Fabrication, and Delivery of Discovery Park Artwork: Wildlife Benches between Colin Selig and the City of Meridian for a Not-to-Exceed Amount of $25,000.00 14. Task Order for Fabrication and Installation of Discovery Park Artwork: Fanfare Between Steven Parker and the City of Meridian for a Not-to-Exceed Amount of $50,000.00 Meridian City Council Work Session July 11,2023 Page 3 of 22 17. FY24 Renewal Agreement for Dispatch Services between Ada County and City of Meridian 18. Fiscal Year 2023 Budget Amendment in the Amount of $9,370.00 for City Hall Gym Treadmill Replacement 19. Fiscal Year 2023 Net-Zero Budget Amendment in the amount of $16,195.00 for Community Risk Reduction Education Supplies 20. Fiscal Year 2023 Net-Zero Budget Amendment in the Amount of $13,000.00 for Addition of Flowering Cherry Trees at Kleiner Park Simison: Next 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 the Clerk to attest, with the exception of Items No. 15 and 16, which will be moved off the Consent Agenda for separate consideration. Overton: Second. Simison: Have a motion and a second. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agree to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] 15. Master License Agreement Between the City of Meridian and Crown Castle Fiber, LLC, for the Use of Licensor Property in Connection with the Operation of a Wireless Network Simison: So, next we will move on to Items 15 and 16, which were removed from the Consent Agenda. First up will be Item 15. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe it would make sense just to make a quick comment. I was the person that requested that we remove the items from the Consent Agenda. So, you know, I reviewed the agreements and I also reviewed the photographs of the 5G small cell Meridian City Council Work Session July 11,2023 Page 4 of 22 examples of what those would look like. I don't agree with how they look aesthetically and I also have an issue, because I feel like our agreement authorizes the use of our streetlights for these cell towers, but it doesn't really restrict their appearance, their location, with the exception of referring to the UDC and from speaking with Legal the UDC is not very descriptive on how to handle them and so I think it would make more sense to take a look at updating our UDC and in the meantime certainly the providers have the ability to continue to use all of the, you know, ACHD right of way and the intersections as they have been. So, I -- I don't think it would be too restrictive to take a look at that a little bit more. So, I just wasn't ready to approve it on the Consent Agenda. Simison: Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: A question on that concern. Was there any direction from Legal in that discussion that says there is an opportunity to -- to add language to it or to provide some clarity on design elements or -- or any suggestions that might address the concerns you have raised? Strader: I didn't feel that there was an opportunity to -- to address those concerns at this point, but -- Nary: Yeah. Mr. Mayor, Members of Council, Council Member Strader and Borton, so in speaking with planning -- I mean we have -- we -- we already have an existing UDC code that they are already having to apply with on aesthetics and things like that. Could they be better? Yeah. I think they have been working with -- my staff and -- and -- and Planning are working on that as an iteration for the UDC. But we have been applying the UDC now on the requests that are being made in commercial areas. So, certainly that's an ongoing conversation, but it -- it didn't -- it didn't feel to us or to Planning that it was imperative to do that before this master agreement would be in place. But it's certainly your folks call. Borton: Mayor, one other follow-up question on that. Simison: Councilman Borton. Borton: Bill, is the -- the obligation for these to meet the requirements of the UDC, is it requirements of the UDC as it exists at the time of each installation or are they somehow grandfathered into its current status today? Nary: No. It would be a new application, Councilman Borton. So, it would be whatever the existing UDC requirements are at the time they apply, because it's an individual application each time. Meridian City Council Work Session July 11,2023 Page 5 of 22 Borton: Okay. So, if there is changes into our UDC that provides some more specifics on design parameters, a lot of these licensees will be subject to and have to comply with that? Nary: Yes, sir. Yeah. Yeah. The existing ones, obviously, would remain, because they have already been permitted. But anything -- a new application -- if the standards have changed those would be what they would apply. Borton: Okay. Thanks. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. It sounds like -- so, if -- if we have that discussion and things change those -- those would apply and -- and move forward, so I -- I -- I don't have an issue with the -- with approving the master license agreement right now and, then, having those -- those discussions and seeing if there needs to be any -- any changes. So, I would move that we approve the master license agreement between the City of Meridian and Crown Castle Fiber, LLC, for the use of licensor property in connection with the operation of wireless network. Overton: Second. Simison: Have a motion and a second to approve what was Consent Item No. 15. Is there discussion on the motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: A couple quick things. I appreciate Council Woman Strader bringing it up and -- and that review -- holding it for this discussion is helpful and like it's not there is -- unless there is concern from Council that Planning staff is -- this is on the UDC update radar to see what language, if any, that might be helpful before the horse is out of the barn too far for design elements, that will happen sooner rather than later, I presume. Am I correct? Nary: Mr. Mayor, Members of the Council, Council Member Borton, I'm not sure what the timing is, but certainly I will talk to Planning. Borton: Okay. Just making sure it's on the radar. Thanks. Simison: Is there further discussion on the motion? Strader: Mr. Mayor? Meridian City Council Work Session July 11,2023 Page 6 of 22 Simison: Council Woman Strader. Strader: Yeah, I -- I think it's just the horse getting out of the barn is my concern. So, my comment was going to be either way, whether it's approved tonight or not, just that we have, you know, focus on the UDC updates for this. I would not want to walk out my front door and see one of these next to my house, so I'm just trying to kind of come at it from a practical level of, you know, the aesthetics and kind of what they look like and understand, you know, the density of how many can be located in a neighborhood, et cetera. So, some of those were my concerns and I felt like didn't get addressed, because I just received the -- sort of depictions of them yesterday that I have been asking for. So, understood if it gets approved tonight, you know, I'm sure we will tackle it either way, but it does really seem like something that we are going to need to focus on. Simison: All right. Any further discussion? Okay. If not, Clerk will call the roll. Or do you want a voice vote? Would Council like a voice vote or roll call? Strader: I'm going to vote no, so -- Simison: Okay. All those in favor signify by saying aye. Opposed nay? Strader: Nay. Simison: The ayes have it three to one. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. 16. Master License Agreement Between the City of Meridian and Verizon Wireless for the Use of Licensor Property in Connection with the Operation of a Wireless Network Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Item 16 is basically the very same thing with just a different provider name on there. So, I move approval of the master license agreement between the City of Meridian and Verizon Wireless for the use of licensor property in connection with the operation of a wireless network. Overton: Second. Simison: I have a motion and a second to approve what was Consent Agenda Item 16. Is there discussion on this topic? If not, all in favor signify by saying aye. Opposed nay? Meridian City Council Work Session July 11,2023 Page 7 of 22 Strader: Nay. Simison: The ayes have it three to one and the items are agreed to. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. Simison: Thank you. And while I don't see anybody from community development here I'm sure Legal will be conveying that part of the conversation or myself when I meet with them, so -- okay. DEPARTMENT / COMMISSION REPORTS [Action Item] 21. Gowen Thunder Airshow & Open House Presentation Simison: With that we will move on to our Department/Commission Reports. First item up is Item 21, which is Gowen Thunder Air Show and open house presentation. Jake, do you want to introduce -- or would you -- would you just like to have Lieutenant Colonel come up and take the mic? All right. And we will -- we are joined tonight by the Lieutenant Colonel Tony Vincelli. So, the -- the stage is yours. Vincelli: All right. Thank you, Mayor. Simison: And if you can just state your name and address and speak into a mic, so those remote can hear you well. Vincelli: Roger that. Mr. Mayor, Council Members, thank you very much for the opportunity to come and share some information with you today. My name again is Tony Vincelli. I'm a 26 year member of the -- the military. Served at Gowen Field in Boise for about 23 years now and I am the -- I am fortunate enough to be the director for Gowen Thunder 2023. 1 just wanted to spend a few minutes just to -- to share some information about the air show and our event with you and certainly be available to answer any questions. Is there slides? Am I able to -- I can't see them, so I just want to make sure -- okay. Perfect. As long as you can see them that's all that really matters. I have got paper copies right here. So, Gowen Thunder -- first of all, were any of you able to attend the 2017 event -- our first air show that we had in 2017? Okay. So, this might be new -- new to many of you and that's great. So, Gowen Thunder is a joint military open house and air show event. So, what we mean by joint is that it is an Army National Guard and Air National Guard event. Responsibilities are shared. Expenses are shared. Everything is -- is jointly planned between those two agencies and we also have a nonprofit foundation on -- on the installation in Boise called the MWR program that helps service members and families with various resilience activities, recreational programs, things for children and families. So, it's a -- it's an outstanding organization that we have internally at Gowen Field. Our mission and vision is, obviously, to host a -- a free family friendly event in the community, something that's extremely unique. We are only going to be doing it about once every four years in -- in the Treasure Valley area and we want to do that primarily to say thank you to the citizens of the Treasure Meridian City Council Work Session July 11,2023 Page 8 of 22 Valley and all of Idaho for -- for all of their support. We have a lot of friends in the National Guard and we just want to take an opportunity to spend some time with community and thank them for their support. We also want to celebrate some achievements in -- in the military and in aviation and probably most near and dear to my heart is to inspire patriotism and ignite the imagination of the next generation and I will talk about how we are planning to do that. Next slide. All right. So, in 2017 we actually were pretty surprised with the attendance that we had. We had close to 125,000 people there over the two days about 65 on -- on Saturday of that weekend and 60,000 on Sunday. You can see the -- the breakout and that's just an estimate, but we did do some sample polling, about 500 or so folks, and that's the -- the percentages that we came up with. So, really good representation from the City of Meridian, along with the other communities across the valley. We are expecting an even bigger event this year. It's going to be over 150,000 and we base that off of a couple of things. Number one nationally air shows are beating attendance projections. I think people are kind of tired of being inside the house. They want to get out and -- and be out in the community and certainly as a free family event like this I think will -- will draw big crowds. We do have some other events that we are competing with that weekend. The Albertsons Boise Open is that weekend, as is the final weekend of the Western Idaho Fair, but I think that we can share the audience with those other events and -- and expect a great turnout. And as you can see there are economic impacts as assessed by the Boise Convention and Visitors Bureau is just short of five million dollars. So, that's a really great thing for area businesses and area nonprofits as well. Let's see. There we go. All right. So, leading the show this year is going to be the Thunderbirds. If you have ever been to an air show before you know about the -- the Thunderbirds. Just a -- a really great performance team and certainly draws a lot of crowds. We are also going to have various military performers and civilian performers there as well. I won't detail all of them, but you can see the list there. It's pretty extensive. It's going to be about a six hour show with a couple of short intermissions on both Saturday and Sunday and, then, we are going to have a whole variety of things going on on the show grounds ramp and I will show you a map of that here in just a second. All right. So, this is just kind of a -- my version of what the other ramp looks like. I will show you what it actually looks like on the next slide. But folks will -- will park at parking areas within a few miles of Boise -- of Gowen Field and, then, be bused onto the field and, then, once they enter they are going to be able to freely walk the ramp and see the performances once they start at about 11 :00 o'clock on both Saturday and Sunday. We are expecting -- well, we are -- we are planning for up to 160 buses to bus all of the folks, because what we want to have happen is we want to make sure people have a great time and, then, are able to leave in a timely manner. We don't want to have them having to hang out for an hour or two waiting for a bus to get them back to their cars. So, we are making every effort to ensure that that wait time is going to be as short as possible. Here is what the ramp actually looks like and this is still very tentative, but it's -- you don't see any airplanes on the ramp yet. Trust me there will be many airplanes and -- and other exhibits on the -- on the showgrounds ramp there. But that's kind of how it's oriented in that east ramp. So, straight up is north and so that ramp to the east is going to be prime viewing area for the -- the performances that are happening. Any questions on the layout of the -- of this -- probably have several questions. You can ask those at any point if you have Meridian City Council Work Session July 11,2023 Page 9 of 22 questions. Next slide here. Our budget is just -- just over three quarters of a million dollars this year. So, it's -- it's quite expensive when you factor in all of the travel for the performers, the fuel that goes into the -- the aircraft, all of the -- all of the hospitality and arranging for -- for water and beverages and food and all that sort of thing, it is -- it gets -- the -- the bills add up quickly. So, we do rely quite heavily on sponsorships. About a third of the cost comes from -- is covered by the military and the rest must come through sponsorships and, then, through our ticket sales and vendor sales and that's how we are planning to pay the bills and, then, anything that's left over will be put into a fund to fund our -- to help partially fund our next air show, which we are planning for in 2027. As you can see the Guard is a -- is a vital member of the community and of the state. Total economic impact is -- is just over six hundred million dollars and, you know, I'm happy to say I'm -- I'm a Meridian resident as well and 534 of us, plus our families, currently reside in Meridian. So, certainly any support that you provide to this event will -- will not be lost on -- on those of us that are -- are citizens of this great city. And, then, you know, there is multiple ways that we are asking people to support. Specifically for you, though, I see a few different potential -- and I spoke with Jacob Cluff and -- and David Miles about this, but we are really concerned -- or not concerned. We are really interested and excited about the STEM Expo Center, which is going to be really an opportunity for kids to come in and get hands on with a lot of different exhibits and we are -- we are enlisting the support of Boise State University, some other universities as well and area businesses to provide exhibits for the kids to kind of get in there and -- and get excited about science, technology, engineering and math. That -- the location of that expo center is -- is also pretty advantageous, because it happens to be shaded and it will be cool or -- or at least cooler than being out in the ramp in late August. So, I think it will be a -- a well attended venue on the -- on the air show ramp. And, then, I mentioned buses earlier and this may just be nothing more than public awareness, but we are looking for qualified bus drivers and we are certainly enlisting the support of area bus companies, because 160 buses, as you can imagine, with drivers, is quite expensive. In fact, it's over 150,000 dollars of our budget comes from busing alone. So, anything that you can do to help us in that regard, again, just maybe reaching out to -- to bus companies and -- and pledging your support to the event and asking them to support us by providing those buses and drivers at a -- at as reasonable a cost as possible that would be certainly appreciated and, then, of course, you got to pay the bills. So, cash sponsorship is always -- always welcome to the extent that you are -- are comfortable and -- and want to support the event. With that I -- I'm kind of at the end of my slideshow. So, if there are any questions so that I -- or any other information that I can provide I would be happy to do it at this time. Simison: Thank you. Lieutenant Colonel. Council, any questions? I'm -- I'm seeing no questions. I know this was an item that the City of Meridian did financially support four years ago. I believe it was either with a five or ten thousand dollar donation in support of the STEM center, bussing, and I think it was -- at the time it was to bus Meridian students to participate in the STEM activities on Friday. Is that still something that is going to exist in the current scenario? Meridian City Council Work Session July 11,2023 Page 10 of 22 Vincelli: One hundred percent. That STEM expo center will be open all three days. It is -- the timing this time around is a little bit of a challenge just because the kids are getting just back into school; right? So, unfortunately, we were at -- at the mercy of the Thunderbirds' schedule when they were available and late August was about all we could do this year. So, we are going to make lemonade out of lemons and -- and go with it, but, obviously, if any kids want to get out of school and attend they are more than welcome on Friday. But, obviously, Saturday and Sunday we expect a good amount of kids to come out and -- and participate at the STEM center. Hoaglun: So Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Thanks for the presentation. So, it is a great event. I know community members really enjoy it. So, is there particular sponsorship levels that you have? Is that on your website we can go to -- Vincelli: It is. Yes, sir. So, if you go to gowenthunder.org and, then, click on the sponsors button and scroll down half the page there is a -- a link to view the whole packet. I can briefly summarize it. So, sponsorships start at -- our -- our one star sponsorship starts at 3,500 dollars and, then, we have two star is 5,000 and the three star at 10,000. And there is -- you know, there is various benefits that go along with that and we -- we tailor that more towards private companies, you know, who want to entertain clients or -- or bring business associates out. For -- for city officials you are, obviously, welcome to attend the tags tent and -- and, you know, you could -- any tickets that we provide to the city you could pass out to your employees or to whomever you feel is -- is wanting -- you know, needing those tickets. But that's -- that's just kind of how we structure the different levels of sponsorship. Hoaglun: And, Mr. Mayor, one last question. Simison: Councilman Hoaglun. Hoaglun: What's -- what's the deadline? When would you like to have a decision by? Vincelli: Really at any point is -- is fine. We are pressing forward full steam ahead. We don't see any issues that will prevent us from having this event successfully, other than busing, but we have a solution there. We are going to actually train a lot of our soldiers and airmen to drive the buses ourselves and actually that will cut down on some costs as well, so -- but to answer your question, sir, at any point really. We are -- we are not under a time crunch. Hoaglun: Thank you. Vincelli: Yes, sir. Meridian City Council Work Session July 11,2023 Page 11 of 22 Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Colonel, thank you for a great presentation. I was looking down while you were talking, because I probably sent it out to about a dozen people. Vincelli: I appreciate that. Overton: To get the word out. Vincelli: Absolutely. Overton: As I'm looking forward to this event. It's been a long time. Thank you. Vincelli: Thank you. Thank you very much. Simison: Well, Council, I don't want to be the -- I mean -- okay. I'm going to do the hard ask right now, just to make sure that we -- this technically is the last day we can do budget amendments in this year. This is not a budgeted item within our current budget. So, if Council is interested in supporting this financially I feel like -- unless someone else has -- knows another way to pay for it that's not part of our budget, if the city is interested we probably need to make a motion today and I don't even know how that works if you don't have the official budget amendment form in front of you, but I have been told we can't do budget amendments next week, because we have to publish the numbers for the year. So, I will leave that right there for any direction or non-direction. Vincelli: And -- and if it would be better if I exited the room and you guys discussed it that is totally up to you, sir. Simison: And I don't think that's necessary. They -- they -- they often make fund conversation decisions with other people in the room who -- sometimes they like what they do and sometimes they don't, so -- Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I'm comfortable for certain continuing to support this event in a manner which we have done in prior years. I would love to get it on the radar in anticipation of continued support in future years, so it fits into our budget discussions, but -- but the mechanics of how we do it, in light of the timing, if it's -- if it's funded and -- and the funds are delivered in the next fiscal year, because that's what it takes and, then, so be it. We still want to make sure we can provide the financial assistance. Simison: And our CFO just showed up. Meridian City Council Work Session July 11,2023 Page 12 of 22 Borton: Fantastic. Simison: So, he can at least maybe weigh in on this topic. Borton: Okay. Lavoie: Mr. Mayor, Members of Council, this event is occurring confirmed before October 1 of this calendar year. So, with that that is a fiscal '23 item. So, fiscal '24 we don't need to worry about. So, the question is, you know, where do we have the money in this year's budget? Sorry. I was running down the hallway. So, in this case we don't need a budget amendment per se. You have the spending authority up to a certain amount of dollars. We will have the bandwidth in your budget to make the contribution that you wish, if you wish, to -- for fiscal '23. So, no forms needed. Just give me direction. We can draft up some paperwork. Sorry. We can draft up the paperwork for you. Get the contract signed up. Procurement. Legal. You just tell me how much money -- how much you would just write up a contract and we will make sure we have the funds available for fiscal '23 to satisfy your needs. Simison: Perfect. So, we don't need spending authority, because we have spending authority, which is under most budget amendments. We have funds left over from savings of some sort someplace, likely police personnel. There is always a little bit of extra there. We know that. So, do you want a week to think about it and come back next week, since we don't need to at this specific time? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: No. No. I mean we could do that. There is not a rush to do it, but I -- I'm in agreement with Councilman Borton's proposal that, you know, we do it -- what we did before. I think that was a good amount. I believe it was 10,000. Is that what you would -- anybody recall? Simison: It was either five or ten. I don't recall. Hoaglun: And maybe we -- you know, we can take a look at that and -- and make a decision next week or something. Soon enough to let you know where we are coming down on and -- since we don't need any forms or anything officially done today, we might -- might be okay with that, so -- Vincelli: What I will do is I will -- I will share the -- the packet -- the sponsorship packet with David -- with Mr. Miles and, then, he can -- Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session July 11,2023 Page 13 of 22 Strader: I just -- I do have some concerns and I have -- and just my -- my concerns would be -- I think is probably a huge amount of external events that we could support as city and so I think we need to be thoughtful about what we pick and choose. This is a fantastic event to support, but I wouldn't, for example, want us to provide the same level of financial support to this event that we provide to, for example, Dairy Days, which is held within our own city; right? So, I just think we need to like -- just through kind of the amount of the contribution and make sure it makes sense. It sounds like we did it previously. It directly benefited, you know, Meridian students. So, if that opportunity is available. So, I just -- I have a couple concerns I would like to -- Simison: Okay. All right. Well, I guess you will be hearing from us soon. Vincelli: Okay. Thank you very much. Simison: All right. Thank you. And thank you for bringing this event to the community. 22. Fiscal Year 2023 Budget Amendment in the amount of $48,950.00 for City Hall Tenant Improvements Simison: So, with that we will move on to Item 22, which is fiscal year '23 -- 2023 budget amendment in the amount of 48,950 dollars for City Hall tenant improvements. Turn this over to Laurelei. McVey: All right. Good afternoon, Mayor and Council Members. So, the reason I'm bringing this forward is my team is responsible for facilities at City Hall and tenant improvements. So, I will kick it off for us. So, this is for a budget amendment for the design of nine additional hard walled offices in City Hall. So, six of those would be in the Fire area and three of those are in the IT area. So, this tenant improvement request does meet the design guidelines that we have put into place for tenant improvements in City Hall. The primary purpose of these is to put supervisors into hard walled offices, so that they can conduct supervisory duties in a private space. Just a reminder. I know it seems like just yesterday, but we moved into this building in 2008, so it's about 15 years old and so that's, you know, quite a bit of time that's past and some changes in staffing have pushed this forward. But this tenant improvement would allow us to meet the needs of our staff in several of these areas. And, again, this budget amendment is just for the design of those areas, so that we could move forward with actually procuring construction costs. But this is just for the design piece. Simison: Thank you, Laurelei. And we do at least have -- I see Dave -- Laurelei: Dave's online, I believe. Simison: Okay. We have IT and fire chief here for any questions that you have in regards to this. But this is part of the ongoing conversation, especially as we have seen the Fire Department grow and the challenges that are there. I think we have one person who we don't actually have a physical space for within the -- within the Meridian City Council Work Session July 11,2023 Page 14 of 22 department. So, this will help alleviate that, but also, you know, try to get people aligned with what expectations we have for positions, the best of our ability. Now, we are always not going to be able to meet that goal, but we do have a way that we -- we can and we -- we have been putting off TI. The Mayor's office had a TI that we were hoping to do when we were -- as we did a realignment of personnel, but, you know, costs are not what they used to be and -- you know. But that's why it's -- it's tough to look at these numbers and say this is the -- this is the cost, but, apparently, we just don't understand construction to be able to look at these numbers and have -- have faith in them and what takes place to, you know, LEED certified building and with air handling and moving things and lighting and everything else. But I will -- I will let you ask any questions you have for the team. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: As somebody who sat on the sidelines and watched our police department get fuller and fuller as we grew, I have witnessed what we have had to do in restructuring spaces and I have seen what you are looking at and I totally agree that it's needed -- or past being needed and it's not even the -- the last one you are going to have to do in the future to keep up with the needs of an ever growing city and I fully support it. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I -- you know, I'm just blown away by the cost, frankly. You know, I mean this -- the professional services are 50,000, but it looks like that, you know, kind of leads us down the path of half a million dollar renovation. It's just a huge amount of money it seems like for nine offices. Like 60,000 dollars per office. It's like I'm really sort of struggling. Does that -- does that just meet the needs of existing personnel who are supervisors? So, do we have nine supervisors who don't have an office currently or is that also meeting future needs? Like help me understand who -- kind of the breakdown of who will be using those offices. Simison: I can -- I can speak for -- well, never mind. I'm not going to speak for either one of them, Chief or Dave, I will let you answer. Blume: All right. Mr. Mayor, Members of Council, Council Woman Strader, currently in Fire situation we have five supervisors at the division chief level that are in cubicles and they do not have an office with a door. We have a vacancy for a training division -- chief of training position that we have been unable to fill. But if that person were to come to the Meridian Fire Department tomorrow we do not, in fact, have an office available for that person or a cubicle for them to sit in. We have additional cubicles which we have three people -- in -- in one instance we have one cubicle that is shared by three people. But those aren't supervisors and so the ask with TI is for the division chiefs and, in fact, Meridian City Council Work Session July 11,2023 Page 15 of 22 one of our deputy chiefs, the deputy chief of operation, is in a cubicle and is in dire need of a private place to have confidential, executive level discussions, conversations with members of staff, members of the city, surrounding agencies, as well as members of the organization. So, it's -- I think to Councilman Overton's point it's overdue, so -- does that help, ma'am? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: A comment a little bit on it, because I think it's just healthy for everybody to be challenged on it. Why not have a hotel desk concept where we have supervisors able to book, you know, a private conference room, maybe one or two are sharing it and can have those -- like how many -- just challenging it a little bit. Like how many confidential conversations are needing to happen in a day, because I -- I don't know -- I used to work on a trading floor where we used to share offices for those kinds of conversations and it really wasn't an issue. Blume: Council Woman Strader, fair question. I don't really know where to look, so I'm just going to look at your seat, because I'm staring down the -- fair question and that's definitely an innovative idea that I think that we could look at. To put a number value on the number of conversations that happen is -- is kind of challenging. Oftentimes they are spontaneous, other times they are booked or scheduled. There are also -- with, you know, the advent of teams and Zoom meetings and stuff -- when you have three people on different Zoom calls or a phone call in a narrow hallway with three people it's a bit of a distraction. We have used some adaptive technology where people are wearing headsets in their -- in their workspaces. We -- we have thought about putting up shower curtains just to kind of isolate, so that people can feel a sense of a little bit of privacy. But to -- to put a number on how many private conversations need to take place or do take place in a day -- in one day maybe it's three and the next day it's ten and, then, the third day it's zero. So, I don't really have a definitive answer on that one for you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I understand and I'm sorry you can't see me. It must be weird. I'm like a little voice looming above you. I don't mean to do that. You know. So, if I were to make a suggestion -- my concern would be -- we are going to -- we are going to do this half million dollar build out and every supervisor gets an office, but that really doesn't set us up going forward; right? If every supervisor has to have an office. And so what I would suggest for the team as -- you know, looking at the renovation is, you know, there is a concept where you can have these kind of -- they are like small booths and they are soundproof where people can book them and it's kind of like a hotel desk that you can book, so a private conference room, and just making that available to city employees generally to have confidential conversations. So, you know, we could build out some Meridian City Council Work Session July 11,2023 Page 16 of 22 offices for supervisors. It makes sense to me that we need to do that as part of the renovation. But think a little bit about, you know, shared spaces that could be used for confidential conversations, so that we are not just constantly building offices every time we hire a new supervisor, because we are going to run out of space and it seems like we need -- we need a concept that's going to be a little more scalable. Simison: Well, and -- and what we have tried -- we have tried to -- to your point, we -- we have tried to put into what is the appropriate level for each department. Is it okay for some departments to have supervisors or not or to treat our -- our different employees equally and so we try to come up with a proposal that, you know, size of space, those elements through that process and this is one of those things. To your point, that's what IT is currently doing with their three supervisors. They have a conference room across the hallway that they go and utilize for these conversations. Fire does have a small conference room or a large conference room that they can use for these conversations and the costs are -- I mean this has been my biggest struggle. You can ask the team. have been struggling with all of this, because I don't believe the numbers. I cannot personally believe that these are the real costs to do what we are talking about doing. It blows my mind just from a very frank standpoint. And I -- I -- but I feel like if we don't proof up some of this, then, we will never know and part of the conversation that we are not having today is we do want to look at this at a larger on -- on -- say, for example, the entire third floor or looking at different segments to help have these larger conversations. I have seen the booths that you talk about. C Squared Social has these awesome booths that you can use that are phone booths. They are not -- you can't put two people on them, but for -- to do a private meeting I think that those are things that maybe are in addition to the cubicles that exist, so people can step into them. So, don't know what the final answer is, but engaging an architect is the way to try to help define some of this and, yeah, I'm -- I struggle with the cost every -- every time I -- I look at TIs in this building and that's why we put off TIs in the Mayor's Office for the last two years, because we -- I just couldn't stomach the -- the -- the cost of bringing stuff forward. But the fire department does seem to be in a little bit different situation where we don't have enough space and part of this is to space plan that entire -- if I'm correct does this get the entire fire department suite space planned or just the offices. So, this is just for the offices, but you would likely see a budget amendment in 2024 that could do the entire fire space. But we didn't have a good number for you and I know Council doesn't like things that aren't a good number, so I could only bring forward a good number for you today, because the architects couldn't get us the real number for the rest to do the entire Fire Department in a timely fashion, for example. So, I'm trying to respect the budget time frames that we are under, Council's desire to have real costs and not guesstimates where we can, but at the same time move the conversation forward if we can and if -- if Council says no, then, we will figure out stuff over the next five months and -- or four months at least and see if we can come up with a better approach or cost. But the cost are a struggle for me every time I -- I have the conversation over TI. Just ask anybody on the team. Strader: Mr. Mayor? Meridian City Council Work Session July 11,2023 Page 17 of 22 Simison: Council Woman Strader. Strader: Sorry. And, then, I will stop talking, because I feel like I'm the only one right now. But I -- I would feel better about it if the plan was, you know, we have agreement every director should have an office and, you know, every -- I don't know two supervisors, three supervisors, whatever the matrix is, should have access to, you know, a department level private conference room to have those conversations. I'm just -- I'm kind of hoping that out of the process if we had kind of commitment to look at shared spaces as part of this I would feel a little bit better about it. I -- I -- I'm okay with the 50,000 to study it, but I hope that we can look at shared spaces as part of the work. I'm just -- it's the 500,000 dollars that I'm really choking on and having a really hard time with, so --just like you are, so -- McVey: And we can certainly, as part of the design process, ask them for some cost estimates for some of those shared spaces and -- but it would likely be, you know, if we are talking about building walled conference rooms it's -- it's going to be in that similar price -- similar, you know, to what the Mayor shared. We do our best getting price estimates. However, without a bid set or drawings contractors have a really hard time giving us a price estimate. So, we have -- we have reached out, we have utilized resources and we keep getting these ballpark numbers and so, really, we are kind of at that sticking point of -- we have to at least get through the design to be able to come back to you guys -- and go out to bid to be able to come back to you guys with a real construction budget. So, we definitely have a stopgap in place where we can have more conversation about the actual construction. But we need to get through the design phase. Simison: Yeah. We -- we won't get any construction until -- came in and do a budget amendment until October in that regard. So, there will definitely have to be more conversation about what is found or done and whatnot and it's -- we -- when we built out the second floor space where the Congressman's office currently is, I think that was a 90,000 dollar TI for the entire space in 2009. 1 just -- it -- it -- it blows my mind when we were talking about this and I have -- I have offered to come in and do the demo work myself, but they say we are not allowed to do that. I'm serious. I'm like we can't demo, we can't do anything to reduce the cost and the answer is, no, we are not allowed to. I don't understand it, but I suppose if I run through a wall on accident does that count? So -- sorry. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I -- I think we all agree it -- it is perplexing about the cost. I think we can look for other options that might help we hope save some dollars, but we have to begin this first step. So, I -- I -- I would move that we approve the fiscal year 2023 budget amendment in the amount of 48,950 dollars for City Hall tenant improvements. Meridian City Council Work Session July 11,2023 Page 18 of 22 Overton: Second. Simison: I have a motion and a second to approve the budget amendment. Is there further discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to and we hope we can bring costs and efficiencies down, just put it that way. MOTION CARRIED: FOUR AYES. TWO ABSENT. 23. Public Works: Cost of Service Study and Proposed Fiscal Year 2024 Water and Sewer Fees Simison: Okay. With that we will move on to Item 23, Public Works cost of service study and proposed fiscal year 2024 water and sewer fees. McVey: Okay. All right. Well, we are working on pulling up some slides, so my presentation is twofold for you tonight. The first is to discuss the results of our cost of service study and, then, the second is to give you guys the proposal for the water and sewer utility rate increase for FY-24. So, the first question is what is a cost of service study. So, essentially, we worked in 2022 with FCS. They are a national consultant that has expertise in municipal rates. We worked with the city's Finance team and the Public Works Department to essentially look at our projected revenues, our projected expenses, make sure that our rate structures are legally defensible -- defensible and, then, make sure that we are capturing and allocating costs fairly. So, one of the things that was really important for us to achieve with this was the assessment fee -- you may have heard of the Loomis method. It was a case law that happened in Idaho related to assessments and make sure that our assessment fee is lined up with the way that that case concluded and, then, we also had the group look at a couple of special interest topics related to Finance, but they were -- what would it look like if we developed customer classes in Meridian? So, currently all customers, whether you are residential, business, sprinklers, everybody is charged the same rate structure. What would it look like if we split the funds? So, currently today we just have the Enterprise Fund and should we split that into a Water Fund and a Sewer Fund? And, then, our third one was do we need to start looking at funding significant infrastructure replacements. So, you may hear on the news sometimes that, you know, infrastructure is failing around the U.S. Do we need to start saving for huge future water and sewer line replacements. The good news on that one is our system is still very new and very young and the consultant did not think that we needed to start investing in that significantly today. Okay. So, slide two, please. Okay. So, hopefully, you guys can see those, because I can't up here, but -- so, what did the cost of service study show us? Well, the good news is the Enterprise Fund is healthy. That's great news for us. But we will likely need rate increases to maintain that over the next period. Part of that is just the cost of Meridian City Council Work Session July 11,2023 Page 19 of 22 keeping up with inflationary cost of doing business. It did look at our processes and methodologies for establishing rates and fees and determine that those are also legally sound, especially after we updated our assessment fees back in 2022 to align with the Loomis method, we are on sound ground as far as our rates and fees. The other thing that was really great is it validated that our city rate model tool is very accurate and a very good predictive tool to show us what revenue is coming in, what expenses are going out and what potential rate increases could look like. So, the cost of service study recommended a few things. So, the very first was update our assessment fees. We completed that in November of 2022, because it was the highest priority item. It also recommended that we review and update our rates annually to maintain fund solvency. We did bring you a rate increase in June of 2022 last year and I am proposing one today. A couple of the other things that recommended was considering a fund split and it says consider, because it's important to know that isn't required, but it is a good financial practice. It also told us to consider looking at changing what fees go into the base rate versus the use rate. So, there is some fees -- or some costs that vary depending on how much water we produce or how much sewer we treat. Some costs are there no matter what we -- no matter what we process and so for stuff that is not volumetric dependent you could put that on the base. The more cost that you put on the base the more stable your revenue source can also be. The study also recommended looking at considering customer classes. Again this is a recommendation, not a requirement. Like I mentioned, currently all of our customers are -- are charged the same way, which is -- is probably okay. So, 73 percent of our customers are residential. So, that's the bulk of our customers. One of the things -- and we have -- we have a plan to look at this, but one of the things is a challenge with our billing software. So, the more complex you make your rate structures the more of an administrative burden it is to -- to split these up to make sure that you are assessing things the right way. We are unsure if our current billing system is even capable of creating these customer classes. So, those are some things we need to look into over the next several years. So, our implementation plan for cost of service -- do -- I see it now. Do you want me to -- if I click on it in here -- okay. All right. So, our implementation plan -- so, for FY-24 we are coming forward with a rate increase proposal. Also important to know that our ten year EPA fee sunsets at the end of FY-24. The study recommended, as is our Finance Department and our recommendation, to let that fee sunset. It was a ten year fee. It did accomplish what it needed to accomplish, but their recommendation is if we need additional revenue because of regulatory requirements we just build that into our regular rate structure. And, then, in FY-24 we would also like to evaluate the customer class and the base versus use costs. Dig a little bit more into our billing software and really decide if the extra effort is -- is worth -- if there is -- you know, the administrative effort is worth splitting up those class structures and what that would look like and we can bring that information forward to you before we make any decisions there. Going forward FY-25 we would recommend we continue every year to evaluate whether we need rate increases. We recommend every three years that we look at our assessment fees and, then, we will also proceed in alignment with Finance on the Enterprise Fund split in FY-25. Going forward assessment fees every three years and, then, reviewing the cost of service study every five years, just to make sure that it's kept up to date. So, our FY-24 rate increase proposal. So, we have Meridian City Council Work Session July 11,2023 Page 20 of 22 -- we really haven't had many rate increases. In fact, only two over the last ten years. So, we had a two percent increase in October of 2014 and we had a two percent increase in June of 2022. We are proposing a three percent increase effective October of 2023 and this would be to both the use and the base of the water and the sewer. What this equates to is about $1.91 per month increase for the average Meridian resident and we will talk a little bit about why we need that. So, this slide is a little bit busy, but it shows you what our current rates are for the average customer and it also shows you what our current assessment fees are. This is our Enterprise Fund internal rate model graph. A couple of things. So, the orange line is our total ending fund balance and our black line is our -- our balance after we take out reserves. So, our goal with a couple of things that are really important is we maintain the save before you spend philosophy. We are currently in a -- in a planned spend period. We also think stability of the fund and stability of rate increases is really important. So, we don't want to, you know, go back and forth doing huge rate increases, no rate increases. So, what you will see here is there is a pretty significant drawdown in the first few years and the reason not to panic is we have a couple of really big wastewater projects that I really feel like need to get bid out, so we know the dollar figures. The other thing is this rate model is run with a hundred percent execution. We generally do not achieve that. Our historic is usually around 60. So, we are not going to spend all that money as quickly as -- as the model forecasts. So, we do feel like we need an adjustment if at -- for no other reason to, then, just keeping up with inflationary pressures. Things like chemicals, electricity, fuel have all gone up immensely. Those are huge costs for our utilities. But both us and the Finance Department are not significantly concerned on the capital side with that drop. We think it's prudent to ask for this small increase now, see how those projects actually pan out and, then, come back to you again next year with additional potential increases if needed. So, this is what our model looks like if we implement the rate increase. So, you will see it pushes that line out just a little bit. It still allows us to bid those large projects. This model does take into account the sunsetting of the EPA fee in FY-24 and another thing to note we are very competitive as far as utility rates in the Treasure Valley. So, these are rates as they sit today across the Treasure Valley and it will show you Meridian's rates with where we are today and, then, with the proposed three percent increase. The reason we can be in this is because of the really careful financial planning that we do with our Finance Department and Mayor is forecasting our needs for the next period, saving before we spend and not getting into debt financing really helps us stay at these low levels. However, we also recognize that any rate increase does impact some of our customers. So, just wanted to let everybody know that there are a couple of programs that Meridian offers. The first is our Meridian CARES program, which offers up to a hundred dollars of financial assistance. We partner with EI-Ada on that, but a hundred dollars per year to help pay residents who meet the financial thresholds for their water, sewer and garbage bills. And, then, there are other programs that are outside of the city that are available for utility assistance. The Boise School District has a really good resource manual that links you to different programs that can help you with utility bill payments. Just for reference in FY-22 we assisted 81 customers with our CARES program. Hoaglun: Hey, Mayor? Meridian City Council Work Session July 11,2023 Page 21 of 22 Simison: Councilman Borton. Borton: So, real quick question. Laurelei, is that one hundred dollar a figure that we create or is it some program cap? McVey: I do not know the answer to that. Todd? Lavoie: Mr. Mayor, Council Member Borton, EI-Ada is the one that's in charge of negotiating or discussing the reimbursement or the funding rates between the customer and EI-Ada itself. We will fund EI-Ada on the back end, but we let them manage that discussion between each individual unique customer situation. Borton: Okay. Good. Thank you. McVey: So, what our proposed schedule looks like -- so, we are proposing that we hold a public hearing on August 15th. We would notice that in the next two utility bills that go out, as well as in the newspaper the two weeks prior to that and, then, hold the public hearing and assuming that we received approval we would implement this rate increase on October 1st. So, with that I will stand for any questions about either the cost of service study or the FY-24 increase proposal. Simison: Thank you, Laurelei. Council, questions? Okay. Well, thank you very much. Appreciate it. And I know it won't be the last time to comment on definitely the rate side of things and others as they come forward. So, appreciate it. McVey: Thank you. EXECUTIVE SESSION 24. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Simison: So, with that we are on Item 24. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206A(1)(a). Overton: Second. Simison: Have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Meridian City Council Work Session July 11,2023 Page 22 of 22 Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will go into Executive Session. MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (5:28 p.m. to 6:01 p.m.) Simison: So, I understand we have two members of Council on with -- so, if you -- think we can take a motion. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we come out of Executive Session. Overton: Second. Simison: Have a motion and a second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move we adjourn the regular -- the work session. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6.01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 7-25-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 20, 2023 City Council Work Session Meridian City Council Work Session June 20,2023 Page 10 of 10 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 7 11 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK W IDIAN� AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 20, 2023 City Council Regular Meeting Meridian City Council June 20,2023 Page 61 of 61 Simison: Councilman -- Cavener: Move to adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:28 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 7 / 11 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK W IDIAN� AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 27, 2023 City Council Regular Meeting Meridian City Council June 27,2023 Page 79 of 79 Hoaglun: Mr. Mayor, tonight's discussion got me thinking, you know, the bookstore with the wine and beer and the 300 foot deal in Old Town, I -- I -- I'm thinking that maybe some future meeting topic is -- is lawyer -- law offices have to locate farther than 300 feet from a school, because, you know, litigation is not the answer to everything. The lawsuit. So, we might have to take a look at that in the future. Perreault: Mr. Mayor? Simison: Duly noted. Council Woman Perreault. Perreault: If I remember correctly, Borton Lakey took over a book store with a coffee shop, so we do need to watch out for those attorneys. Simison: With that do I have a -- we don't need to vacate Item 8, do we? Okay. We don't need to vacate. Okay. Then do I have a motion to adjourn? Hoaglun: So moved that we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:38 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 7 11 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 27, 2023 City Council Work Session Meridian City Council Work Session June 27,2023 Page 24 of 24 Hoaglun: Mr. Mayor? Simison: Council Hoaglun. Hoaglun: I move that we come out of Executive Session. Borton: Second. Simison: Have a motion and second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: ALLAYES. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move that we adjourn the work session. Simison: Motion to adjourn the work session. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6.08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 7 / 11 / 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 29, 2023 City Council Budget Workshop WE IDIAN CITY COUNCIL BUDGET WORKSHOP AMENDED AGENDA City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday,June 29, 2023 at 10:00 AM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted DEPARTMENT / COMMISSION REPORTS [Action Item] 1. McMillan Road Corridor Discussion 2. City of Meridian Fiscal Year 2024 Budget Discussion EXECUTIVE SESSION 3. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Into session: 12:46 PM Out of session: 1:37 PM ADJOURNMENT 1:37 PM E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Outer Banks - Elk Ventures POD3 Development Water Main Easement (ESMT-2023-0086) groiect Name(Subdivision). OtAter-P&iviks-Elk Vcwi t t4res:"FO1R� PeyeloLvvi vi ADA COUNTY RECORDER Trent Tripple 2023-039784 BOISE IDAHO Pgs=8 ANGIE STEELE 07/12/2023 11:43 AM Water Main Easement Number; CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this l lth day of ,duly ' 20 23 between 10 Mile Iravikllvi LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to"maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Page 1 Version 04/17/2023 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 10 Mile-Fraviklivi LLC STATE O ) ' r►t,LGL, ss County ofAdtr- ) Q This record was acknowledged before me on _0 Gv 0 (date) by � i (name of individual), [complete the following if signing in a representative capacity, or st?-ikLW the following V-4gningL-i3s�n--1ndividual -capacity] on behalf of 10 Mile. -Fraviklivi LLC (name of entit} on behalf of whom record was executed), in the following representative capacity: e �- (type of authority such as officer or trustee) (stamp) Notary Signatu e _ My Commission Expires:_�l ��'1���� pIMfA Jt10�VAZQ� .— COMM...2265530�A U p. }gTAfiY PUBi{pCA13FQ mA T9 L,,Jun2g,20W:e4 11 � Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-11-2023 Attest by Chris Johnson, City Clerk 7-11-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-11-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 04/17/2023 U�B ,j ® THE GATEWAY LANGDON MAPPING GROUP ZINC. J-U-R ENGINEERS.INC. J-U-B FAM-OF COMPANIES EXHIBIT"A" ELKVENTURES CITY OF MERIDIAN 20-FOOT-WIDE WATER MAIN EASEMENT A LEGAL DESCRIPTION A water main easement located in a portion of the Northeast Quarter of the Northeast Quarter of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a Brass cap marking the northeast corner of said Section 15, from which a Brass cap marking the north quarter corner of said Section 15 bears South 89°15'23" East,2,640.72 feet; Thence South 09°03'52" West, 386.23 feet on a random line to the west right-of-way line of South Ten Mile Road;Thence leaving the west right-of-way line of said South Ten Mile Road, South 89°48'22" West, 14.00 feet; Thence South 45'35'24" West, 49.60 feet; Thence North 89'24'36" West, 141.63 feet; Thence North 00°35'24" East, 38.00 feet to the POINT OF BEGINNING of the easement to be described; Thence South 89'24'36" East,4.99 feet; Thence North 00'35'24" East, 26.56 feet; Thence South 89°24'36" East, 11.32 feet; Thence North 00'35'24" East, 20.00 feet; Thence North 89'24'36" West, 11.32 feet; Thence North 00'35'24" East, 5.00 feet; Thence North 89°24'36" West, 20.00 feet; Thence South 00°35'24" West, 14.73 feet; Thence North 89°32'26" West, 22.11 feet; Thence South 00°27'34" West, 20.00 feet; Thence South 89°32'26" East, 22.07 feet; Thence South 00°35'24" West, 16.83 feet; Thence South 89°24'36" East, 15.01 feet to the POINT OF BEGINNING and the end of this easement description. Containing 1699.56 square feet, more or less. This description was prepared by me or under my supervision. If any portion of this description is modified or removed without the written consent of John J. Shea, PLS, all professional liability associated with this document is hereby declared null and void. Page 1 of 2 2760 West Excursion Lane,Suite 400,Meridian, ID 83642-5313 www.iub.com 208.376.7330 THE GATEWAY /\ LANGOON MAPPING GROUP INC. J•U•B ENGINEERS.INC. J-U-e FAM-OF COMPANIES LAND Jo J. Sh LS 15528 ��`'\��.G%Sr Fp1.pl a 0 OS�ZS -ZOZ3 �9 \oP�o Date v� P N J °S.z S�ZpZ� Page 2 of 2 EXHIBIT B FRANKLIN ROAD 5.10 1/4 S89°15'23"E 2640.72 S.1 o S.1 1 5.15 BASIS OF BEARING 5.15 S.14 I r I L6 L5 I ° L4 ° ° I J I (n -{ L8 ° I r m � z rnl m J 172 ° CO IN X co1r0 O w o 20 CO o ° L10 IN m SCALE IN FEET ; NIO JI Z I I ° L12 L1° 14.00 S89°48'22"W 1w POINT OF BEGINNING O�N O jn 00 � 49.60 "' O S45°35'24"W Lz 141.63 N89°24'36"W Line Table Line Table Line # Direction Length Line# Direction Length L1 S89° 24' 36"E 4.99 L7 S00° 35' 24"W 14.73 L2 S89° 24' 36"E 11.32 L8 N89° 32' 26"W 22.11 G\ST AND SG� L3 N00° 35' 24"E 20.00 L9 S00° 27' 34"W 20.00 cam' L4 N89° 24' 36"W 11.32 L10 S89° 32' 26"E 22.07 0 L5 N00° 35' 24"E 5.00 L11 S00° 35' 24"W 16.83 �9TF OF L6 N890 24' 36"W 20.00 L12 S89° 24' 36"E 15.01 S'Zs-soz3 n CITY OF MERIDIAN ju. $ � WAT ER MAN EASEMEN TA SHEET z SITUATE IN THE NE 1/4 OF THE NE 1/4 OF SECTION 15, T3N, R1 W, 1 OF 1 :mj1-U-8 ENGINEERS,INC. BOISE MERIDIAN CITY OF MERIDIAN COUNTY OF ADA STATE OF IDAHO (IJ•UB , THE GATEWAY N MAPPING GROUP GROUP INC. J-U-G ENGINEERS,INC. J-U-8 FAMILY OF COMPANIES EXHIBIT"A" ELKVENTURES CITY OF MERIDIAN 20-FOOT-WIDE WATER MAIN EASEMENT B LEGAL DESCRIPTION A water main easement located in a portion of the Northeast Quarter of the Northeast Quarter of Section 15,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as follows: COMMENCING at a Brass cap marking the northeast corner of said Section 15,from which a Brass cap marking the north quarter corner of said Section 15 bears South 89°15'23" East, 2,640.72 feet; Thence South 09°03'52" West, 386.23 feet on a random line to the west right-of-way line of South Ten Mile Road; Thence leaving the west right-of-way line of said South Ten Mile Road, South 89°48'22" West, 14.00 feet; Thence South 45°35'24" West, 49.60 feet; Thence North 89°24'36" West, 300.83 feet; Thence North 00°35'24" East, 161.81 feet to the POINT OF BEGINNING of the easement to be described; Thence South 89°24'36" East, 92.09 feet; Thence North 00°35'24" East, 20.00 feet; Thence North 89°24'36" West, 45.00 feet; Thence North 00°35'24" East, 12.42 feet; Thence North 89°24'36" West, 20.00 feet; Thence South 00'35'24"West, 12.42 feet; Thence North 89°24'36" West, 27.09 feet; Thence South 00°35'24" West, 20.00 feet to the POINT OF BEGINNING and the end of this easement description. Containing 2090.19 square feet, more or less. This description was prepared by me or under my supervision. If any portion of this description is modified or removed without the written consent of John J. Shea, PLS, all professional liability associated with this document is hereby declared null and void. LAND Jo J. Sh a, LS 15528 ��`'\Q�. S t C s o 5-Z5-Z02 Pao Date if OF �� P `>J-Zs_ZOZ3 Page 1 of 1 2760 West Excursion Lane,Suite400,Meridian,ID 83642-5313 www.iub.com 208.376.7330 EXHIBIT B FRANKLIN ROAD S.10 1/4 S89°15'23"E 2640.72 S.10 S.1 1 S.15 BASIS OF BEARING S.15 S.14 I 1 I o 20 I I SCALE IN FEET I 1 N89°24'36"W S00°35'24"W -r 20.00 12.42 V N00°35'24"E c/) 12.42 �� N89°24'36"W N89°24'36"W °\ z 27.09 45.00 Tw r- 3 m M I O CD '�Nj N I ° 1N Z7 CV 6 c) O _�� cv o M Io D o 0 _ _92.09 Z IO' S89°24'36"E i Ico POINT OF BEGINNING r CR r ' I 14.00 ' S89°48'22"W Lu N� co 49.60 o S45°35'24"W ZL - - _ _JJ 300.83 Ji / 489°24'36"W ZS� �Ot LAND TfR S6, 8 s T P F OF CITY OF MERIDIAN l W A-ER MAIN E AT KE NT B SHEET SITUATE IN THE NE 1/4 OF THE NE 1/4 OF SECTION 15, T3N, R1 W, 1 OF 1 J-U-B ENGINEERS,INC. BOISE MERIDIAN CITY OF MERIDIANT COUNTY OF ADA STATE OF IDAHO E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Subdivision Sanitary Sewer and Water Main Easement (ESMT- 2023-0089) ADA COUNTY RECORDER Trent Tripple 2023-039783 BOISE IDAHO Pgs=8 NIKOLA OLSON 07/12/2023 11:42 AM CITY OF MERIDIAN, IDAHO NO FEE Proied Name(Subdivision): TM Creek Subdivision Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). ESMT-2023-0089 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 1 ltbday of July 2023 between SCS TM Creek LLC and DWT Investments LLC, ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports,sheds,fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTOR: SCS TM CREEK LLC By:SCS Management LLC, an Idaho limited liability company It's Manager By:_ & �v 4'1Z;4 t� Michael A. Hall, President STATE OF IDAHO ) :ss. County of Ada J On this J. day of April,in the year 2023,before me a Notary Public of said State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS Management LLC,the Manager of SCS TM Creek LLC, the Company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company 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 written above. F WILSON � �j`�ION#67674 YPUBLIC Notary SignatureOF IDAHO My Commission Expires: =NOTARY GRANTOR: DWT Investments LLC By: Brighton Corporation, an Idaho corporation, It's Manager By:_ L Robert L. Phillips, President STATE OF IDAHO ) :SS. County of Ada j +h � �r On this(S day o -Tu*in the year 2023, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of DWT Investments LLC, the Company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company 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 written above. (stamp) L Notary Signature My Commission Expires: ENotar7y IVAUGHAN ic-State of IdahoNumber 20181002 Expires Jun 1, 2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-11-2023 Attest by Chris Johnson,City Clerk 7-11-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-11-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 km E N G I N E E R I N G April 25,2023 Project No.:22-244 TM Creek Subdivision City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a sewer and water easement situated in a portion of the North 1/2 of Section 14, Township 3 North, Range 1 West, B.M., City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 corner of said Section 14,which bears S89°09'27"E a distance of 2,657.99 feet from a brass cap marking the Northwest corner of said Section 14, thence S67°29'08"W a distance of 559.78 feet to the POINT OF BEGINNING. Thence S89°26'19"E a distance of 242.09 feet; Thence N00°33'41"E a distance of 16.00 feet; Thence S89°26'19"E a distance of 20.00 feet; Thence S00°33'41"W a distance of 16.00 feet; Thence S89°26'19"E a distance of 75.77 feet; Thence S66°56'19"E a distance of 68.65 feet; Thence S44°24'29"E a distance of 141.18 feet; Thence N45°35'31"E a distance of 96.85 feet; Thence S89°24'29"E a distance of 39.07 feet; Thence N00°35'31"E a distance of 96.07 feet; Thence S89°24'29"E a distance of 30.00 feet; Thence S00°35'31"W a distance of 96.07 feet; Thence S89°24'29"E a distance of 98.11 feet to the northwest corner of an existing City of Meridian Sewer and Water Easement per Instrument No. 2022-029339; Thence following the westerly line of said existing easement, S00°46'48"W a distance of 30.00 feet; Thence leaving said westerly line, N89°24'29"W a distance of 168.80 feet; Thence S45°35'31"W a distance of 74.42 feet; Thence S44°24'29"E a distance of 121.00 feet; Thence N45°35'31"E a distance of 21.00 feet; Thence S44°24'29"E a distance of 31.00 feet; Thence S45°35'31"W a distance of 21.00 feet; Thence S44°24'29"E a distance of 46.76 feet; Thence S89°24'29"E a distance of 81.44 feet to the northerly extension of the westerly line of said existing easement; Thence following said westerly easement line and the northerly and southerly extensions thereof, S00°46'48"W a distance of 35.00 feet; Thence leaving said southerly extension of the westerly easement line, N89°24'29"W a distance of 90.17 feet; Thence N44°24'29"W a distance of 106.26 feet; Thence N45°35'31"E a distance of 11.00 feet; Thence N44°24'29"W a distance of 111.00 feet; Thence S45°35'31"W a distance of 60.50 feet; 5725 North Discovery Way • Boise, Idaho 83713 •208.639.6939• kmengllp.com Thence S44°24'29"E a distance of 21.50 feet; Thence S45°35'31"W a distance of 10.00 feet; Thence N44°24'29"W a distance of 21.50 feet; Thence S45°35'31"W a distance of 15.00 feet; Thence N44°24'29"W a distance of 20.00 feet; Thence N45°35'31"E a distance of 85.50 feet; Thence N44°24'29"W a distance of 137.20 feet; Thence N66°56'19"W a distance of 60.69 feet; Thence N89°26'19"W a distance of 88.91 feet; Thence S00°33'41"W a distance of 16.25 feet; Thence N89°26'19"W a distance of 244.98 feet; Thence N00°33'41"E a distance of 36.25 feet to the POINT OF BEGINNING. Said parcel contains a total of 0.825 acres, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. w ..e a �12459 A�If OF 1��p . BALD' Li' 'Zn2� PAGE 2 NW CORNER SECTION 14 POINT OF COMMENCEMENT FOUND BRASS CAP N 1/4 CORNER SECTION 14 FOUND ALUMINUM CAP f6 10 11 BASIS OF BEARING }' 2�A c— _ S89'09'27"E 2657.99' IZ 15 14 — — E / 0 W. Franklin Rd. V) u / Lu a }' co O C- POINT OF SCS TM Creek LLC 1 vi I BEGINNING ,p0 j��/8 DWT Investments, LLCI ' 2 E co - w 56�% S89.26'19"E S1214212630 9 230 00' �=' rj 20.00' S89'26'19"E 1�.�1 -Q_ /L�-� V) U O / T T n N h' S89'26'19"E 242.09' J o-—[75.77' S66'56'19"E N00'35'31"E I 13 X ?� co a --- --- - -- - 13,\C68.65' 96.07'�l oI Lu Q) m S89'24'29"E r� __ °- s I I b Z J — — —————— —— 6:] L12 �� �TtA. N45'35'31"E 39.07' °' o cU N89'26'19"W 244.98' N66'S6'19"W� ,L� \N'A" 96.85' I It S89.24'29"E C Z P 98.11' I Im— o EXISTING CITY OF `'>z� \F / MERIDIAN SEWER AND WATER EASEMENT PER �\ \�� /p`L/�� N89'24 29 W 168.80' �I INST. No. 2023-019379 �\ \�"/1°c% '� EXISTING CITY OF f° `�"' 0 N45'35'31"E .\ /r��h MERIDIAN SEWER AND � O o a 85.50' �Ob � WATER EASEMENT PER L v / \ INST. No. 2022-029339 V) LINE TABLE LINE TABLE R fD U cv S44'24'29"E E 3 LINE BEARING DISTANCE LINE BEARING DISTANCE / �' �Tt•\gip\ 121.00' v Z �rS45 S44'24'29"E o L1 N00'33'41"E 16.00 L8 S45'35'31"W 60.50 mDATE: April2023 L2 S00'33'41'W 16.00 L9 S44'24'29"E 21.50 S44'24'29"E1 �V�� lJ') PROJECT: 22-244 L3 S00'46'48"W 30.00 L10 S4535'31"W 10.00 '35'31"W '1'A\�06, \ 46.76' SHEET: L4 N4535'31"E 21.00 L11 N44'24'29'W 21.50 15.00' ��A\�6," bS89'1.44' E 1 OF 1 r L5 S45'35'31'W 21.00 L12 N89'26'19"W 88.91 �9\ 81.44' N44'24'29"W 3y\ 90.17' m L6 S00'46'48"W 35.00 L13 S00'33'41"W 16.25 `20.00' ❑— N89'24'29"W L7 N45'35'31"E 11.00 L14 N00'33'41"E 36.25 EXISTING CITY OF MERIDIAN SEWER AND N WATER EASEMENT PER S N INST. No. 2022-029339 E N G I N E E R I N G 0 100 200 300 5725 NORTH DISCOVERY WAY 4 BOISE,IDAHO83713 v PHONE Plan Scale: 1" = 100' � kmengl gll 639-6939 Ip.com a W IDIAN� AGENDA ITEM ITEM TOPIC: Final Order for Biltmore Subdivision No. 4 (MFP-2023-0001), generally located in the north 1/2 of Section 25, T.3N, RAW., by Engineering Solutions BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JUNE 27, 2023 ORDER APPROVAL DATE: JULY 11, 2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) MODIFICATION TO REDUCE THE ) CASE NO. MFP-2023-0001 NUMBER OF BUILDING LOTS ) FROM 33 TO 31 ON 10.85-ACRES ) ORDER OF CONDITIONAL OF LAND IN THE R-4 ZONING ) APPROVAL OF FINAL PLAT DISTRICT FOR BILTMORE ) ESTATES SUBDIVISION NO. 4. ) BY: ENGINEERING SOLUTIONS ) APPLICANT ) This matter coming before the City Council on June 27, 2023 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING BILTMORE ESTATES SUBDIVISION NO. 4, LOCATED IN A PORTION OF THE S 1/2 OF THE N 1/4 OF SECTION 25, T.3N., R.1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2023, STAMPED BY CLINTON W. HANSEN, PLS, SHEET 1 OF 3," is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BILTMORE ESTATES NO. 4 MFP-2023-0001 Page I of 3 approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated June 27, 2023, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BILTMORE ESTATES NO. 4 MFP-2023-0001 Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the I Ith day of July , 2023. By: Robert E. Simison 7-11-2023 Mayor, City of Meridian Attest: Chris Johnson 7-11-2023 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 7-11-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BILTMORE ESTATES NO. 4 MFP-2023-0001 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING 6/27/2023 �0==1J-�_r_,_w____—___-L� L I MERIDOW 7YLIM I DATE: TO: Mayor&City Council FROM: Sonya Allen,Associate Planner ASES 208-884-5533 SITE Ss�swa SUBJECT: Biltmore Estates No.4 a MFP-2023-0001 W.RARRISST. -- LOCATION: Generally located 1/4 mile east of S. Linder Rd. and W.Victory Rd., in the north 1/2 of Section 25, T.3N.,R.1W. MER�UN dfY LIMIT$ L—A � I. PROJECT DESCRIPTION Modification to the final plat to reduce the number of single-family building lots from 33 to 31 on 10.85 acres of land in the R-4 zoning district for Biltmore Estates Subdivision No.4. II. APPLICANT INFORMATION A. Applicant: Engineering Solutions— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 B. Owner: Oakwood Estates,LLC—PO Box 518, Meridian, ID 83680 C. Representative: Becky McKay,Engineering Solutions— 1029 N. Rosario St., Ste. 100,Meridian,ID 83642 III. STAFF ANALYSIS The final plat(FP-2022-0007) for Phase 4 was approved by City Council on March 22,2022 but has not yet been recorded.The Applicant proposes to reduce the number of single-family residential building lots by two(2) from 33 to 31 to combine four(4)lots into two(2)lots in order to provide desired lot configurations for planned homes (see affected lots in Exhibit V.A). The amount and location of common open space remains the same as previously approved. Because the proposed change does not affect the gross density of the overall development,which is 3.63 units per acre, and complies with the dimensional standards of the R-4 district, Staff is amenable to the proposed modification. Page 1 IV. DECISION A. Staff- Staff recommends approval of the proposed final plat modification based on the analysis above in Section IIl. V. EXHIBITS A. Approved Final Plat BIr III 1�i ME,0FEtR E's'1�iZ k—'—PiELIS SuUSD I V Ir IO2 W N0. 4• A PARCEL OF LAND BEING A PORTION OF THE 5 1/2 OF THE N 1/2 OF SECTION 25, T.3N., R.1W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2022 xex I�rx«oxrus mm mxxs amo acre lexm aae ma xwr xeao wx Ie� arars mr. xrc era arrt lean n,nc n,. erw.. ruw !�5 xv wor n5e5• rex5,t /ev nJr Jeiv xrfr Iserrrc xx ,rr e5K eer'rr xm+nrc ,fv rxm rwr xrusrt iv a eJe men iznv r cu luw uurr amrwe nw rx uw nn u u,net nw ca mJn Burr xrxdrl n5r , '�"?"` "0 x F a.M.1 g"-,1n'M"1,X x.,f ery uwon xw,nl.ee.v m 5rarr sss,5'ort ••x• xv aon 51v5r s.lawr me mn� nexr rnm- a.rsr uar +ar xroy n'r/e'w1+w+e,r ,soW sus,• sanl'Nr r.[f nr r.K r1eYr•xarKyr w.r >asK rx'K safe•[ ws5 _ arc5du.uF„xoi 5ltmv erftx.w sruxcl �n.rls,B,nlef Fs,•n•MFFUVIPs'a55pp.,p.AC wnsyn Q nr IeaOP ['Slel' SaTnlPW x.,1 Ix ,Seetl 1]e']r SF11'nE eIS Rr ,Od An rnitll-rSe,eJx1 ,0ai Lw un 2ii1n rfnK Y9011n[ l0,AuxAE OHx M xN:11 rFlr x+5ix,,(•us wrprp A[lYr d..rMe m Ilo1 rtc*�xnlrxs-m w�¢w lm In m dwaxaal mlxw .fmt a saa4k[ ve,rC suaxt ea,doY rra'xt ,.M li.[Mrtraf[Iorc awuhxs 'No nu `mT-91WKE +ew 'I,w ses z"A nJ, [N xr ll6JY 1a eH+r#-E owi x ssw sb 41 IN - IrM xSOY "w Sf,']S,5'S I" Mon 'n X rx x.]f Em liar ]EW ]]75Y xx4Pt 15U w I13w e,5r 1T5SA Mxr'x'1 ,li]r •Mx Murd bsAAE,.ue51ruMioYH x9iu rnir m.zv>r.xsvt ,ac an ac me.v5 . ar nrr ssns� zur we avr „sm .srx rne5sl n x vazrr le mr.s�fsvrxn m s.o osnae, �x+ ,r mm'„wm-ra'trul eur m r.c mw ael'x rmJn ur cn ar ar snr •ne-. 1ar cu r rSrK xxv'.ar J .o arx.rr„x»m x,.s z�m,xw x.Ee.uu.w,. r weim w e.v acv n-ra•w,nrt ,,v ae +.v n.r ueo'er 5aenmr x[r re xJr mar x'wr uexmrr xJf ux Ixr xramr x.r,nrw r urra�var'���°s"uvpim°1�'��`[�'RP°'9�rc L !� r.Ri1E D71A6 9. rxn 6 eev a xm wn�[uwuttf ue r xr mrd rms,o x�mlv.o� AAOu MrM4[Sf,I[ni r�Sxe R IgI1TpiY WQ[5rl[$Pllnx 9.Q519Pe I¢H 1 xD%V10 AWl." - gpp,xd,PA(E5167eJ-repl gyeW(r 90M PAIMS 9RP,@Pl 14 7 a BOON 1p,P/(i5 1101-T!n B0X 3 PAYS 7]Aa-7eN �sr =m,y,u w yx mnf5r'[r SE9R�''.iB'E 9]E,70' .[ 1 �o�. -- h a ,z ,.,s _ --d•, --aaf-"-�-' i•,;;d:! u.xnu�un,ca urik,. y 1}:-j zIBv55mY- a 3 a,er� ys-ref~1c x® irl - a� ��a - 13Wwrc,xMNx.ds+[Tal l5 1 xox„ '.._� 1[5-;',--6 17q. poi 7 8 a k s r J r$ d ,!y S`i, iiAm.swrm,.v�w�� n-lnumv�s �s w.°`:a`�1'r� JIII \ - ,r. �xl ems•_° ;1 102 L6,2ee.elrr_1 air 5rnn . _ r.nru Pence _ :-.� ...Ns�n nn ssrss5ax 911�C' 3 _u�;,......_. r--. .'• 27. 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'Xg� J �igY. 6✓ 9p�'aY ��'S'�13 V3 T 7' Ig fin+'.. ,.'F' ✓ $- i�� E�� 9�`��. sx7'S7arY e.. Idx�n,ae ` �"Ms I'` ET '' _ ____ ___--_..r�._a'-h iM•- gdar L, 7w EI,Y, Sm is.!x 7 Eser EEa+Et T .•, W_WLPIPE�OW' .-�'- 8_ 6K nn sxsssvY R�yq# trYPMi er iuY is LEGEND e I ����9e9xsa et awr 9E9 %Erw YUSIX W 1CP�~ "r y _. 1N 1 9I Y MM r Irll h , h W.N RW e Tr �I — — —s♦mry( Y,slaw+'ww ynts,x uLE rmm 97 � 1.9 eaeW std emw.as nllaa !" _ _ _ I .7 .�._ 1 1� S{.Q'r svlu `z � 21 3/4.7d �T35 11 to y u I ____________ _ aIM P'xxY E+A,E,rt IeE• r � �I] n, 5Y orYMV u Pu rtn _ t ait a,vm•e Ioaw Exm,un w xlla .___. �1 I 1 ,xY sEeaWrr m _ a wLms st. OR xI — — — — — — — --isvGSV a,fu — — — — — — —1Il: SenfssS ImeY aIM�0h¢,Jw��„p a rg �,µ,alld enoe B.T. 5 LLC �p.sEEq a ,E98a5x,,D 7LKEkY xWEeumc � 11118 �iem6 s n�i� ¢�m e^c xmw��m rt➢ a'alr.s new°rc m. �s rwn GY" ¢ F.�NINGm Lq� uIons O8N,E.Yt� J09 x0.9�-il SHEET 1 OF 3 —— Page 3 VI. CITY/AGENCY COMMENTS A. Boise Project Board of Control https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=299442&dbid=0&repo=MeridianC ity B. Idaho Transportation Department(ITD) https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=299908&dbid=0&repo=MeridianC hty C. Nampa & Meridian Irrigation District(NMID) hops://weblink.meridianciU.org/WebLink/DocView.aspx?id=299920&dbid=0&r0o=MeridianC iv Page 4 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Artisan Victory Market (H-2022- 0066) by Kindi Moosman, Horrocks Engineers, Inc., located at 2820, 2910, 2960, 2990 and 3020 S. Eagle Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Annexation and Zoning of 14.47-acres of Land with an R-15 (Medium High-density Residential)Zoning District; Preliminary Plat Consisting of 4 Building Lots and Two Common Lots on 13.60-acres of Land in the R-15 Zoning District; Conditional Use Permit for a Multi-family Development Consisting of 138 Dwelling Units on 13.60-acres of Land in the R- 15 Zoning District; and Internal Private Streets for Artisan Victory Market Subdivision,by Horrocks Engineers,Inc. Case No(s). H-2022-0066 For the City Council Hearing Date of. May 9 and June 20, 2023 (Findings on July 11,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 9, 2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 9,2023, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May 9, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 9,2023,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTISAN VICTORY MARKET-AZ CUP PP PS H-2022-0066 - I - Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 9,2023,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation, conditional use permit, and preliminary plat is hereby approved per the provisions in the Staff Report for the hearing date of May 9,2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTISAN VICTORY MARKET-AZ CUP PP PS H-2022-0066 -2- Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of May 9,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTISAN VICTORY MARKET-AZ CUP PP PS H-2022-0066 -3- By action of the City Council at its regular meeting held on the 1 lth day of July 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 7-11-2023 Attest: Chris Johnson 7-11-2023 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 7-11-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTISAN VICTORY MARKET-AZ CUP PP PS H-2022-0066 -4- EXHIBIT A STAFF REPORT C: E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING May 9,2023 Le end �LJ' DATE: 50 Project Location TO: Mayor&City Council FROM: Bill Parsons, Current Planning Supervisor — 208-884-5533 ® SUBJECT: H-2022-0066 0 Artisan Victory Market—AZ, CUP,PP, t o &PS LOCATION: 2820, 2910,2960,2990 and 3020 S. Eagle Rd., in the SW 1/4 of Section 21, T.3N.,R.1E. (Parcel#S1121336051; S1121336101; S1121336176; S1121336200; S1121336230; S1121336251; and S1121336276) NOTE: This project was continued from the May 9'City Council hearing in order for the applicant to revise plans and renotice the project per the discussions during the hearing. Staff prepared a memo for City Council on June 151h that identified specific changes and the applicable conditions that required modification. The staff report has been updated to reflect the changes noted in this memo. 1. PROJECT DESCRIPTION Annexation and Zoning(AZ)of approximately 14.47 acres of land with the R-15 (12.38 acres)and C- C(2.09 acres)zoning districts; Preliminary Plat(PP)consisting of 5 building lots(3 multi-family and 2 commercial) and 1 common lot on approximately 13.6 acres of land in the requested R-15 and C-C zones; and a Conditional Use Permit(CUP)for a multi-family development consisting of 131 units on 11.94 acres in the R-15 zoning district. Private streets(PS)are proposed for internal access within the development. 11. SUMMARY OF REPORT A. Project Summary Description Details Acreage 13.6-acres(14.47 AZ area) Existing/Proposed Zoning RUT in Ada County(existing);R-15 (12.38 acres)&C-C(2.09 acres) (proposed) Future Land Use Designation Mixed Use—Community(MU-C) Existing Land Use(s) Rural residential/agricultural Proposed Land Use(s) Multi-family residential&Commercial Page 1 Description Details Lots(#and type;bldg./common) 5 buildable lots and 1 common lot Phasing Plan(#of phases) 1 phase—For occupancy purposes 6 phases are proposed for the multi- family project. Number of Residential Units(type 131 multi-family dwelling units;2 commercial buildings totaling 18,100 of units)and square footage of square feet commercial uses Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date 7/28/22;March 21,2023 the applicant held another neighborhood meeting based on the public comments received for this application. History(previous approvals) CPA-05-001 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was prepared by Kimley-Horn. es/no Access Main access for this development will be from S.Eagle Rd.ACHD has approved the (Arterial/Collectors/State connection as a temporary full access and reserves the right to restrict this access in Hwy/Local)(Existing and the future;a local street network will be extended to provide additional access to and Proposed) through the development.Internal circulation is being provide through a private street connection. Traffic Level of Service Stub 3 local streets are stubbed to this property and will be extended with the plat;cross Street/Interconnectivity/Cros access via is required to the property to the south(Inglewood Place Subdivision). s Access Existing Road Network S.Eagle Rd.,arterial street, S. Titanium Ave. and E.Publisher St. abut this site. Existing Arterial Sidewalks/ There is an existing 7-foot wide attached sidewalk along S.Eagle Rd.All existing Buffers curb cuts to S.Eagle Rd.not being utilized by this development must be closed and im roved with curb,gutter,and sidewalk. West Ada School District Page 2 Description Details • Predicted#of students West Ada School District has experienced sustained growth in student enrollment during the last ten years.Based on current generated from enrollment data specific to new development(within the last 5 years)in proximity to this proposed development,we estimate proposed development this development consisting of 138 multi-family units could house approximately 26 school aged children.Approval of this • Distance(elem,ms,hs) application will affect enrollments at the following schools in West Ada School District based on attendance areas forthe • Capacity of schools 2022.23 school year.For your information,included in this data is the number of approved lots and multi-family units • #of Student Enrolled approved by this and other agencies. Approved MF units Projected Approved lots per per attendance Students from Enrollment Capacity attendance area area Approved Dev. Pepper Ridge Elementary 515 675 186 756 68 Lewis&Clark Middle School 885 1000 Sol 1297 71 Mountain View High School 2461 2175 2956 408 401 School of Choice Options Christine Donnell Elementary—Arts 474 Soo N/A N/A Spalding Elementary-STEM 678 750 N/A N/A West Ada School District supports economic growth.Based on future enrollment forecasts,the capacity of the high school is projected to be operating above building capacity and full utilization of educational spaces upon the completion of the previously approved lots.Future developments will continue to have an impact on the district's capacity. Police Service No comments received • Distance to Police Station • Police Response Time • Calls for Service • Accessibility • Specialty/resource needs • Crimes • Crashes • Other Wastewater • Distance to Sewer Directly adjacent Services _ • Sewer Shed • Estimated Project Sewer See application ERU's • WRRF Declining 5,780 MGD Balance • Project Consistent with Yes W W Master Plan/Facility Plan • Impacts/concerns Additional 5,780 gpd committed to model. See Public Works site specific conditions Water • Distance to Water Directly adjacent Services • Pressure Zone • Estimated Project Water See application ERU's • Water Quality Concerns None Page 3 Description Details • Project Consistent with Yes Water Master Plan • Impacts/Concerns See Public Works site specific conditions Page 4 1 1 1 • - • - • - • r • - • • • iAA�-ice - � • • r • �. _ � - ,' it=■.77 _ rY•i'- ��in•��Cr�•►�ilrrrdr r ■■ \ii.�rur■r• .r■■■■r■1� ���Illlhi? 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Owners: BPS Eagle Road,LLC— 1401 17th Street, Ste. 700,Denver,CO 80202 C. Representative: Same as Applicant III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 2/15/2023 4/23/2023 newspaper Notification mailed to property owners within 300 feet 2/10/2023 4/21/2023 Applicant posted public hearing 2/17/2023 4/20/2023 notice on site Nextdoor posting 2/10/2023 4/21/2023 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 the MU-C 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,but not as large as in Mixed Use Regional(MU-R) 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 three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3C. Sample uses appropriate in MU-C areas include: All MU-N categories, community grocer,clothing stores, garden centers,hardware stores,restaurants,banks,drive-thru facilities, auto service station, and retail shops, and other appropriate community-serving uses. Sample zoning include: R-15,R-40, TN-R, TN-C, C-C, and L-O. Proposed Development: The Applicant proposes to develop the site with two (2)land use types— small-scale commercial(includes retail,restaurants, drive-through pharmacy, etc.)and residential(i.e. multi-family residential). The site is designed for commercial uses along Eagle Road, an arterial street,with 131 multi-family residences for a gross density of 11 units per acre and a net density of 12.4 units per acre located to the north and east of the commercial pads. The site includes a mix of 1- bedroom duplex-style multi-family units,2 and 3-bedroom bungalow-style multi-family units, and 2 and 3-bedroom townhome-style multi-family units with open space integrated throughout. The proposed development is generally consistent with the conceptual MU-C plan in the Comprehensive Plan. In reviewing development applications,the following items will be considered in all Mixed-Use areas,per the Comprehensive Plan(pg.3-13): (Staff's analysis in italics) Page 6 • "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high- density residential development alone." The proposed 13.60-acre development includes two types of land uses—commercial and residential. The Inglewood Subdivision along the south boundary is also designated MU-C and the City has approved a restaurant w/drive-through and a daycare on this site. Therefore, staff is supportive of the site developing with two land uses types as proposed. Since one of the buildings will be multi-tenant building, staff does anticipate other commercial uses developing on the property. • "Where appropriate,higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69." The proposed development includes 131 multi family units at a gross density of 11 units per acre. The multi family portion of the project is located along east side of Eagle Road. An employment destination center is not desired due to the size of the property; however, other neighborhood commercial uses could develop on the commercial lots which may encourage a walkable environment and provide additional services for the area. • "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed-Use designation." A site plan was submitted with the annexation request, included in Section VII.B.A Development Agreement is required that binds future development to this plan. • "hi 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." The conceptual development plan does not depict common usable open space for the commercial portion of the development. Staff recommends that the Applicant re-orientate the buildings to create some form of common usable area between the commercial buildings and the common lot directly south of the clubhouse and pool.A decorative crosswalk should also be used to delineate the connectivity through the private street and continued through the commercial parking lot to the existing 7-foot sidewalk along Eagle Rd. • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." The applicant has oriented the commercial next to commercial uses approved with the Inglewood Subdivision to the south.As a transition to the existing residential on the north/east and south boundary, the applicant is proposing two-story townhomes on the south boundary adjacent to the larger assisted living facility and orienting single-story duplex and single detached units along the east and north boundaries. • "Community-serving facilities such as hospitals,clinics, churches, schools,parks,daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments." No such uses are specifically proposed in this development—the tenants of the commercial buildings are unknown at this time. From north to south, the larger MU-C area includes storage, an office park, single-family residential, two (2)planned daycares, assisted living, two coffee shops w/drive-throughs, and a Rite Aid. Page 7 • "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas,open space,libraries, and schools are expected; outdoor seating areas at restaurants do not count." There are no public and/or quasi public spaces or places proposed with this development. As noted above, the applicant should include a plaza area in the commercial area that ties in with the open space south of the clubhouse and pool. A decorative pedestrian crossing would also help integrate the two open spaces. A pedestrian connectivity should also be provided to the existing 7-foot sidewalk adjacent to Eagle Rd. • "Mixed use areas should be centered around spaces that are well-designed public and quasi- public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered." See analysis above. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed commercial portion of the development is directly accessible to the multi family residential portion of the development to the north/east, the single-family developments further to the north and east(Bancroft Square Sub. &Sutherland Farm Sub. No. 2) by both vehicles and pedestrians. • "Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types." A landscape buffer is proposed between the proposed multi family and existing single-family developments to the north/east and to the assisted living facility located to the south as a transition and buffer between uses. The buffers are between 15 and 20 feet respectively. Further, the applicant has intentionally placed the one-story duplex and single detached units along the north and east boundary to ensure compatibility. • "Because of the parcel configuration within Old Town, development is not subject to the Mixed-Use standards listed herein." The subject property is not located in Old Town; therefore, this item is not applicable. In reviewing development applications,the following items will be considered in MU-C areas,per the Comprehensive Plan(pgs.3-16 thru 3-17): • Development should generally comply with the general guidelines for development in all Mixed-Use areas. Staffs analysis on the proposed project's compliance with these guidelines is included above. • Residential uses should comprise a minimum of 20%of the development area at gross densities ranging from 6 to 15 units/acre. There is neither a minimum nor maximum imposed on non-retail commercial uses such as office,clean industry, or entertainment uses. Residential uses are proposed over 87.8%(11.94 acres) of the development area at an overall gross density of 11 units/acre, consistent with the density desired in MU-C designated Page 8 areas. • Retail commercial uses should comprise a maximum of 50%of the development area. Retail/commercial uses are only proposed to comprise of 12.2%(1.66 acres) of the development area in accord with this policy. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "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 retail/commercial uses should be compatible with the existing commercial to the south. The proposed multi family development should be compatible with existing single- family residential uses to the north in Bancroft Square Subdivision, to the east in Sutherland Farm Subdivision No.1, and to the south in the Inglewood Place Senior Housing with the proposed separation in uses by fencing and landscaping to minimize conflicts between higher and lower density residential. • "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." (3.06.0213) The proposed development will provide housing in close proximity to goods, services, and employment. This area of Meridian is predominately detached single-family dwelling units. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) The development plan depicts pedestrian pathways throughout the commercial and multi- family residential development. Staff recommends the applicant relocate the trash enclosure located on the north side of the parking lot east of the pool and install a 5-foot wide sidewalk to provide a more direct connection to the children's play structure. Five-foot wide detached sidewalks are being extended as part of the local street network(Sutherland Farm, Bancroft Square, and Inglewood Place Senior Housing)for interconnectivity. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) Safe pathway connections should be provided from the proposed multi family development to the commercial buildings.As noted above staff recommends the applicant provide a Page 9 decorative crossing. Usable open space and quality amenities are proposed with the multi- family development that exceed UDC standards (see analysis below). • "Evaluate the feasibility of annexing existing county enclaves and discourage the creation of additional enclaves."(3.03.03I) This property is an enclave that abuts City annexed land to the north, south, east, and west. Here is the applicant's justification on how the project complies with some of the policies in the plan: Section Comprehensive Plan Goal and Project Compliance 2.01.01 Encourage diverse housing options suitable for various income levels, household sizes and lifestyle preferences. Artisan Victory Market will include mix of f-bedroom duplex. 2-,& 3- bedroom bungalow-sole multi famdy units and 2-&3-bedroom tawnhome-style multi family units,providing diversity within the Project and also diversify from nearby single-family detached residences.Artisan Victoty Market will offer a variety ofamenwes to cater to the different recreational bobbies of residents and fo foster a sense of community. 2.01.01 E Encourage the development of high-quality,dense residential and mixed- use areas near,in,and around Downtown near employment,large shopping centers,public open spaces and parks,and along major transportation corridors,as shown on the Future Land Use Map. This project provides medium high-density residential units that complement and provide a transition between the commercial and employment areas to the south on Victory and to the north closer to 1--84, and the single-family residences to the north and east. The area has been largely developed in compliance with the larger Mixed-Use Community area, and the mix of surrounding employment and retail uses will benefit from the addition of higher densuy residential homes. 2.02.01 A With new subdivision plats,require the design and construction of pathways connections,easy pedestrian and bicycle access to parks,safe routes to schools and the incorporation of usable open space with quality amenities. Artisan Victory Market is a connected community with pathways that connect the residential development to the north and east with the more intensive commercial and retail uses to the soufh_ The project includes over L6 miles of internal pathways and sidewalks an public streets,and qualay amenities including a ciuhhouse,fitness room,swimming pool and community garden. 2.02.02C Support infill development that does not negatively impact the abutting, existing development. Artisan lrictory Market has been designed to minimise impact an the surrounding neighborhoods with 2-sfory residences on the north and east boundaries_ 3.{}3.0D Direct and prioritize development in strategic areas and in accordance with corridor and special area plans. Page 10 As an infill site with all services readily available,Artisan Victory Market exemplifies the vision of the Mixed-Use Community designation by providing a well-designed, interconnected living and commercial space where people can live,work,sloop,and raise a family all within the same community_ 3.06.02E 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 sus(ainability This mixed-usesproject fosters the mired-use environment of the larger area by complementing the surrounding commercial,retail, and single- family detached residential uses. Planned and developed commercial and employment centers are within walking distance of the Site.Artisan Victory Market residents can shop,dine,plan and work in close proximity and reduce vehicle trips in the area. This Project will increase the overall fivabilio)and sustainability of the surrounding area by providing much needed housing that will help nearby businesses thrive with a permanent customer base. 3.07.01 A Require all new development to create a site design compatible with surrounding uses through buffering,screening,transitional densities,and other best site design practices. Smaller commercial and multi-family residential provides an appropriate transition beiween the C C retail and commercial uses to the south and Eagle Road to the west,and the single-family residences to the east and north_ The Site integrates higher density buildings along Eagle Road and the commercial areas to the south and provides single-level duplex and bungalow-style multi family units along the north and east adjacent to the single-family homes.Fencing screens the projeci from surrounding developments_ 6.01.01 H Require pedestrian access connectors in all new development to link subdivisions together and promote neighborhood connectivity as part of a community pathway system. With approximately L6 miles of internal paih woj)s and detached sidewalks,Artisan Victory Market provides necessary connectivity between current and future developments and uses an all sides of the property. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS (UD The applicant has submitted a revised open space exhibit 15 days prior to the Council meeting. The analysis below has been updated in strike-through and underline format to represent the changes to the open space and changes discussed with the Commission during the hearing. A. Annexation: The proposed annexation is for 14.47 acres of land with R-15 (12.38 acres)and C-C zoning(2.09 acres)districts. The proposed use of the property may include up to 18,100 square feet of commercial uses (tenants unknown) and 131 multi-family residential units on 13.60 acres in the C-C and R-15 districts. Parking for the multi-family development is discussed further in the report however the conceptual development plan does depict 55 parking stalls for the commercial Page 11 lots. Based on the square footage of the proposed commercial development,the UDC only requires a minimum of 36 stalls. A conceptual development plan was submitted, included in Section VILB below that shows how the overall property is planned to develop. Based on the analysis above in Section IV, Staff is of the opinion the proposed annexation,zoning and development plan is generally consistent with the Comprehensive Plan with the provisions noted in Section VIII as discussed herein. A multi-family development requires approval of a Conditional Use Permit(CUP)in the R-15 zoning district, subject to the specific use standards for such listed in UDC 11-4-3-27. Commercial/retail uses and drive-through uses are listed as a principally permitted uses in the C- C zoning district per UDC Table 11-2B-2. However,the proposed drive-through associated with the southern-most commercial building will require the approval of a CUP because of its proximity to the proposed and existing residential uses. Staff is supportive of a drive- through on this site however,the commercial area is more neighborhood serving and therefore the site should be restricted to only developing one drive-through on the property as proposed. The proposed uses and zoning districts are listed as appropriate uses and zoning in the Comprehensive Plan for the MU-C designated area. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area is included in Section VII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a DA is required with this application,containing the provisions noted in Section VIII.A, as discussed herein. B. Preliminary Plat: The proposed preliminary plat consists of 5 building lots (3 multi-family and 2 commercial) and 1 common lot on 13.60 acres of land in the R-15 and C-C zoning districts. The proposed subdivision will develop in a single phase. However, for occupancy purposes,the applicant is proposing 6 phases for the multi-family portion of the development. Existing Structures/Site Improvements: There are existing homes and outbuildings that need to be removed with development of the property. Since the project is being phased staff anticipates the removal of the structures with the first phase. Dimensional Standards: Development of the proposed lots are required to comply with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 district and UDC Table 11-2B-3 for the C-C zoning district. The minimum lot size in the R-15 zone(no minimum lot size in the C-C zone) size is not pertinent to this development because the applicant is proposing multiple units on larger parcels. The CUP site plan doesn't depict any setbacks on the plan. Per the specific use standards, a minimum setback of 10 feet is required unless a greater setback is required by the UDC. In the applicant's narrative it states that the units along the north and south boundary have a 15-foot setback and the units along the east boundary have a 20-foot buffer which exceeds code requirements. Further,the applicant has provided all single-story units adjacent to the existing single-family homes therefore staff is supportive of the setbacks along these boundaries. For Page 12 those units along Eagle Rd.,the code requires a 25-foot landscape buffer in a common lot and those units adjacent to the buffer should be setback 10 feet from the interior edge of the buffer. The other units adjacent to Titanium and Publisher are required to have a 10-foot setback to living area.None of the garages are oriented towards the street. NOTE! As discussed below the applieant has ineluded the 15 foot setbaek areas along the south boundaFy in their-qualified open spnee ealeulations.This area does not eount towaFds qualified open spaee unless i dimensioned a minimum of 20 feet(see analysis below). 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. The project complies with these standards. Access(UDC 11-3A-3) A private street is proposed via S. Eagle Rd., an arterial street.No stub streets are required or proposed for this application. The site does have three(3) existing stub streets that are proposed to be extended with this development. This critical because most of the residential units and the commercial uses will take access from an internal private street.The extension of the local street connection will allow traffic to flow better through this site to the signalized intersection at Easy Jet and not rely solely on the Eagle Rd. access. The units located on the east side of Titanium take access from shared driveways.Although not classified as common driveways,the applicant should provide at a minimum 20-foot driveways to ensure vehicles can access the designed garage spaces associated with those units.With the CZC application the applicant should demonstrate compliance with this requirement. Cross-access/ingress-egress should be provided between all C-C zoned commercial lots in the subdivision and the Inglewood commercial uses to south via a note on the final plat. A private street application was submitted with this application for the internal private streets. Private streets are required to comply with the design and construction standards listed in UDC 11-3F-4. Staff has reviewed these standards a-ad it appears the A-1ppheafil ean eemply wi star ar-ds o pt for-the f llowing: or ex-eeedq the intent ef Me required standatW-s of th�q ardeLe and shall Hot be deP-iniental to the As is,the private street eonneetion to Eagle Rd. does not eur-r-ently meet an of the required standards and eannot be approved; a request for-alter-native eomplinnee may be submitt for-eonsider-ation by the Dir-eetor-. Staff r-eeommends the appheant submit the alter-native eomplianee applieation 15 days prior-to the City Couneil hearing.if the portion of Since the Eagle Road access is not part of the private street network,the applicant should depict the ingress/egress easement on the face of the plat to allow access to the platted private streets. Further,the plat should be revised to place the private street in a common lot rather than an easement. Page 13 Sidewalks(UDC 11-3A-17): A 7-foot attached sidewalk exists along Eagle Rd. and will remain as part of the development. Where there are existing driveways being closed,the applicant is required to install curb, gutter, sidewalk and landscaping per UDC standards. Five-foot detached sidewalks are proposed along the internal local streets. Internal sidewalks are dispersed throughout the multi-family development. Staff has concerns with the residential units on the east side of Titanium Ave, specifically pedestrian safety. The residents on this side of the roadway will need to cross the street to gain access to the main amenities. Staff recommends that the applicant coordinate with ACHD and include decorative crossings through this roadway and provide traffic calming at the Titanium and Publisher intersection. Landscaping(UDC 11-3B): Street buffers are required to be provided as follows: A minimum 25-foot wide buffer is required along S. Eagle Rd. and a minimum 10-foot wide buffer is required along the private street in the C-C zoning district(east side of the southern-most building),measured per the standards listed in UDC 11-3B-7C.1 a. Landscaping is required within the street buffer as set forth in UDC H- 3B-7C(see updated standards). Street buffers are required to be maintained by the property owner or business owners' association and should be depicted on the plat in a common lot or permanent dedicated buffer per UDC 11-3B-7C.2b. Depict landscaping within common open space areas as set forth in UDC 11-3G5B.3. There are existing trees on the site to be removed or that require mitigation. The landscape plan submitted with the final plat should include the detail mitigation plan in accord with UDC 11-3B-10. Storm Drainage(UDC 11-3A-I81: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction are required to follow Best Management Practices as adopted by the City. Stormwater integration is required in accord with the standards listed in UDC 11-3B-11 C. Pressure Irrigation(UDC 11-3A-157: Underground pressurized irrigation water is required to be provided in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Street lights shall be installed in accord with the City's adopted standards, specifications and ordinances. Waterways(UDC 11-3A-6): No major facilities traverse the site. Comment letters from the irrigation districts indicate they don't have any facilities on this property but the property does have a valid right. Per Idaho State Statues,Title 42, local irrigation/drainage ditches that cross this property, in order to serve neighboring properties,must remain unobstructed and protected by an appropriate easement by the landowner, developer, and contractors. Fencing(UDC 11-3A-6 and 11-3A-D: All fencing is required to comply with the standards listed in UDC 11-3A-7. The applicant has provided a master fence plan that depicts the fencing styles and locations for the development. A combination of 6-foot tall solid,4-foot with 2 foot open-vison and 6-foot tall wrought iron fencing is proposed. With final plat submittal, any fencing proposed along Publisher and Titanium should be installed 10 feet from the property line. Page 14 C. Conditional Use Permit(CUP): A Conditional Use Permit is requested for a multi-family residential development consisting of 131 dwelling units on 11.94 acres of land in the R-15 zoning district in accord with UDC Table 11-2B-2. The proposed development will have (24)2-story townhome units; (31)duplex units and(45) single detached units and clubhouse centrally located within the complex. The mix of units consisting of 1-(62),2-(53) and 3-(16)bedroom units ranging from 692 to 1,352 square feet in size. Specific Use Standards(UDC 11-4-3-27): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios, and how they impact adjacent properties. The site plan included in Section VII.D depicts buildings a 20 foot buffer on the east and a 1 S foot setback on the north and south. 2. All on-site service areas, outdoor storage areas,waste storage,disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The Applicant's narrative states the average private open space for each unit is 353 sq.ft. Each duplex and detached single family unit include a patio and private yard ranging in size from 509 sq.ft. to 681. sq.ft. The townhome units each have 92 to 94 sq.ft. of private patio space. Staff finds each unit exceeds UDC requirements. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site (see OS-1 Exhibit below). 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The Applicant should comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts",of this title. The parking ratio the applicant used to calculate parking for this development doesn't meet the current multi family standards. However, this application was submitted prior to the adoption of the new ordinance so staff has analyzed the parking based on the previous standards. Based on the previous code the site was required to provide 191 total parking stalls with 90 of those being covered. Based on the parking calculations provided by the applicant, the residential portion of the development will have 236 spaces (in combination of carports, surface, driveways Page 15 and garages)which exceeds code requirements. Further, on-street parking (approximately 50 spaces)will be available along Publisher and Titanium. The commercial portion of the development will have 55 parking spaces. "'n�M.Ti. adog a 10 foot Wde landseape buffer on the east boundary of the sotithern most eemmereial lot and a plaza amm. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The applicant's narrative states that they are providing the required items noted above. The location of the directory and map of the development should be depicted on the site plan submitted with the Certificate of Zoning Compliance application. Common Open Space Design Requirements(UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed 10% of the gross land area for multi-family developments of 5 acres of more.A minimum of 1.09 acres of common open is required to meet this standard. Common open space areas are also required to comply with the standards listed in UDC I I- 4-3-27C.2,which state that open space areas must be integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. These areas should have direct pedestrian access,be highly visible, comply with CPTED standards and support a range of leisure and play activities and uses—irregular shaped, disconnected or isolated open spaces do not meet the standard. Open space areas should be accessible and well connected throughout the development(i.e. centrally located, accessible by pathway and visually accessible along collector streets or as a terminal view from a street). Open space areas should promote the health and well-being of its residents and support active and passive uses for recreation, social gathering and relaxation to serve the development. The proposed common open space meets these standards. All multi-family projects over 20 units are required to provide at least one(1) common grassy area of at least 5,000 s.f. in area that's integrated into the site design allowing for general activities by all ages,which may be included in the minimum required open space. The area shall increase proportionately as the number of units increase and shall be commensurate to the size of the development as determined by the decision-making body. The Applicant proposes five(5) central common open space areas throughout the development in excess of this code requirement. In addition to the baseline open space requirement,a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area.All units contain more than 500 square feet(sf.) of living area. Page 16 b. Two hundred fifty(250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred(1,200) square feet of living area.A total of 91 units contain between 500 and 1,200 s.f of living area; therefore, a minimum of 22,750 sf. (or 0.52 of an acre) of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.A total of 40 units contain more than 1,200 sf.; therefore, a minimum of 14,000 sf. (or 0.32 acre) of common open space is required. At a minimum, a total of 36,750 sf. (or 0.84 of an acre) of qualified outdoor common open space is required to be provided per this standard. In order to meet the baseline requirement noted above and this standard, a total of 1.93 acres of qualified open space is required(2.47 acres is provided). The revised open space exhibit submitted with applieatienafter the Commission hearing exceeds the minimum code requirement ftem the ealeulatiens as.thiy area doesn't meet Me minimum 20 feet dimens-iendl Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20').All of the green areas depicted on the revised open space exhibit in Section VILE meet this requirement. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The Applicant anticipates the multi family development will be constructed in 6 phases for occupancy purposes. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,eff.retroactive to 2-4-2009) None of the common open space areas are located adjacent to a collector or arterial street. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage. b. Open space: (1) Community garden. Page 17 (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches, landscaping and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards: (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop (4) Charging stations for electric vehicles 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two (2) separate categories. b. For multi-family development between twenty(20) and seventy-five (75)units,three (3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five (75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Proposed amenities include a clubhouse with a fitness facility, a swimming pool, an outdoor lounge area, dog park, internal walking trails, community garden and passive open space areas.Another amenity should be included in the development since the applicant is proposing over 100 units. Of the amenities included in the development, there isn't one listed from the multi-modal category above. Therefore, staff recommends that the applicant add one additional amenity from the multi-modal category above and include the amenity on the site plan submitted with the certificate of zoning compliance application. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: Page 18 a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The Applicant shall comply with this requirement. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed residential and commercial structures, included in Section VII.G. The residential units are proposed to be 1-or 2-stories in height, and the clubhouse and commercial buildings are also proposed to be a single-story in height;building materials consist of a stucco in various colors,culture stone accents in various colors,horizontal lap siding, and asphalt shingle roofing. Both the residential and commercial uses complement each other as desired in the MU-C designated area. Staff is supportive of the design for the development as proposed.As noted below compliance with the ASM is required. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the multi-family and commercial development to ensure compliance with UDC standards and development provisions associated with this application.Final design of all structures must comply with the design standards in the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the requested annexation with the requirement of a development agreement,preliminary plat and conditional use permit with the provisions noted in Section V111, per the Findings in Section IX. The Director has approved the private street request. B. The Meridian Planning&Zoning Commission heard these items on April 6, 2023.At the public hearing,the Commission voted to recommend approval of the subject AZ,PP, and CUP requests. 1. Summary of Commission public hearing_ a. In favor: Elizabeth Koeckeritz b. In opposition:None C. Commenting: Lorie Delaney,Dave Bailey,Matthew Riggs,Bev Montgomery,Jennifer Jenks,Ritis Skinner,Carl Koonz,and Leann Richardson d. Written testimony: See the public record. The City has received numerous letters in opposition of this project.Areas of concern-density,traffic congestion, and extension of the adjacent stub streets. e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Kurt Starman 2. Key issue(s)of public testimony a. Public safety for the residents in the assisted livingf acility. b. Extension of S. Titanium Ave and cut-through traffic. c. Traffic congestion in the area. Page 19 3. Key issue(s)of discussion by Commission. a. Extension of S. Titanium Ave. b. Traffic dispersion per the traffic study. C. Coordination with the adjacent property to the south on traffic calming measures in S. Titanium Ave. 4. Commission change(s)to Staff recommendation: a. Commission modified DA provision c.to require the plat to be recorded prior to the issuance of the first certificate of occupancy. b. Commission required the applicant and the property owner to the south to coordinate on traffic calming measures in S. Titanium Ave. C. Commission modified Public Works ,general condition of approval 2.9. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on May 9. and June 20,2023. At the public hearing the Council voted to approve the subject AZ.PP.and CUP requests. 1. Summary of the City Council public hearing: a. In favor: Elizabeth Koeckeritz and Matt Riggs b. In opposition:None C. Commenting: Eric and Carol Gabrielson d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Bill Nary 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Elimination of the drive-through b. Integration of the commercial and residential uses c. Developing the property with all residential units d. Dispersion of traffic through the development e. Inclusion of larger/more trees within the development to create a boulevard look and feel f. Cross access with the southern property 1= Hours of operation for the drive-through 4. City Council change(s)to Commission recommendation: a. Conditions of approval in Exhibit VIII.A updated per the memo dated June 15.2023. Page 20 VII. EXHIBITS A. Annexation Legal Description&Exhibit Map Description for R-15 Zone Artisan Victory Market Subdivision June 9,2023 A portion of the Southwest 1l4 of the Southwest 1l4 of Section 21.Township 3 North, Range f East, Boise Meridian,Ada County,Idaho more particularly described as fr)IIrMR= Commencing at the V4 corner common to said Sections 20 and 21,T.3N., R_1 E.,B.M.,from which the Section corner common to Sections 20,21,28 and 29 T.314„ R,1 E.,B.M.,bears South 00100'26'East.2,700-16 feet,thence on the west boundary line of said Section 21,coincident with the centerine of S. Eagle Road, South 00'00'26' East, 1.350.01 feet to the South ills comer common to said Sections 20 and 21 and the REAL POINT OF BEGINNING; thence on the north boundary line of the 5outhwesl 10 of the Southwest 114 of said Section 21 coincident with the south boundary of Bancroft Square Subdivision as filed In Book 111 of Plats at Pages 16142 through 16144,records of Ada County, Idaho,South 89°22'03"East,800,06 feet to the west boundary line of Sutherland Farm Subdivision No.2 as filed in Book 89 of Plats at Pages 10242 through 10244,records of Ada County,Idaho;. thence on said west boundary line and the west boundary line of Sutherland Farm Subdivision No_ 1 as filed in Book 86 of Plats at Pages 9806 through 9806, records of Ada County,Idaho, South 00°00'26'East,786.42 feet to the Northeast oornerof Inglewood Place Subdivision No. 1 as filed in Book 120 of Plats at Pages 18035 through 188$7,records of Ada County,Idaho; thence on the north boundary line of said Inglewood Place gubc!Msion No. 1 and the westerly extension thereof,North 89°36'03"West,800.03 feet to the west boundary line of said Section 21,coincident with the centerline of S. Eagle Road: thence on said west boundary line.North 08°00'26"West, 769.68 feet to the REAL POINT OF BEGINNING. Carrtainirry 14.473 acres, more or less. End of Description. {'L ✓ANo c toss 1 779 ° r OF C3 R U1 Cck►� Page I of 1 Page 21 1/4 ,s.20 s.21 - s�ei�: ip=aao' ' d 50 100 200 4c:] fll fievl faOlnt Bancraft ,Square Of Bitginning 5%1,bdzvig%Qn 51 f 1 f3 S89'22'03"E E00-015' ' ,S�Y.Eher2araoS Fmv�n W ENSub. No. 2 c'Q co N ±14.473 LLJ W W Acres g $ m � o Ln P z rA V) S�ttf�ertartd Farm fJ$9'36'03"4V 800.03' Unpdatled Inglewood place Slab. !*o. r f� p� LAND S.20 &21 E,Viictary Road 11779 '4 S.29 S-28 Y �, y 94 ,, o ' Ad c C P, YI �� � Exhibit Drawing for Job . 186 BEEsw.ENERALDar. R-15 Zone ShaaL Nd. SURVEY BO 1°°}iO' a37°W Artisan Victor Market Subdivision 1 a� Vn.v(JP, LLC A portion of the 5W i/it cf the SW 1/4 el SKUon 21, L7w oo#■ T.3N., RAE. ELM.. talc C—t Idnhn fif9/1043 Page 22 B. Preliminary Plat(dated: 03"�2310/22/2022) 11EL7'E=L1--1LIT FOR 1 ei# SS TI I -1 T 1= L-d�T SUBDMSION a !' s. 1 E I � I I ILi.i. l o I GLOCY L- HEET E -KEQ E I n l -....... - -IIEi -H III �� W .. ,.• - -E.I.EE I L-. EEE FILE u,c irm K c.cuc �---.Jf..—.._ - _ I BLOCK 2 L_ m _ - w 201, ....__ r — a ocKK I Page 23 C. Landscape Plan&Fencing Plan(dated: 03�'�2306/07/2023) h. 1 . r . Y. . : . Eli i'I. ��,�•= III ,-�- - - `� �, is Yp , ---- � nip � :� --- 7MMHWtCx.JH H �. . ��r r�x•i .i4^y�'.e��T'•`�_'A:'J.'4'�',y.�yd".;uF`s�i''�.`zi '-';?� I ARTISAN VICTORY MARKET „ice an MERIDIAN,I❑ CLIP LANDSCAPE PLAN III'I�I�I�I'll t: 9 f 3 �A I w I'd Tl Z LU AT F� �• ! CL a 4 i7` _ I I IL JJJJ � 7 e ... .. .. .. ' MATpILN!LP O 4 Q� F a PL.aNr 1°ALtrrC I.orEs KL1'HAP Page 24 rums Ll y,�, � MnTC1iIlE 71 tr. i;i I'i'ICI II `y€ c , e a . a f I , 11 f e j W { : _ I _ II} m IIII, ,, - a zx ...:...... 7 f ....:...:. Ia T��"...�. xT.:a• ::. Da:: „ F m is W I: a '4. :..:.:.::...:... x I t . - 7 III .�tn�,. ...,,. .,.... U O...�.�.�.:. .... .. ...,:,.:...:.�....;...,.,.. v .� • Za J I y . PLAN�P a L�TTC 1.4TES KI '• 114yt I III I I IIII II IL„.„. 'lipl. •III .mI r''.. I«. I.I. III., «. KEr 4M .II II III��I�II , II III IIIIII IIIIII II IIII�I� ;'i.'i �'��� 'uwscu� '�111Ih IYII'II�If I. I. ... •I.� L2 I, I IIIIII Ill' ir - - r iiirfi 17 Di .,.III IIII nil _._ 1 I , IIIII IIIII ll - .. W J CL rLi o Z J - II IIIII III x o r�Ill" "'I'Eµ1:51I +II��i1Rl7ll C •4 IIII I Ill IIIII IIIII ' ��� .III17'!AI II 41 II,.IIII II. I��� II 01 t'F31�+!.K 14 II IIII II II e e •x .L9 Page 25 PLANT F2ALt7Tt !NH Pi...... . .. ...... :w", 4 A'I V"'i" i......... w ITY"All.0 In 1:111H -1 H 11 .1 Lu dL M Lu I.ANIPBCAFE CALCULAMONS PE,/M.OPIMMr IPATA NOTLa > z z Yll: il.lA illi I LlUilhih-i Yi V"Y 6'l-7L T! .......... M.P..",:rli r-41-,,1 OBTALS L4 ----------- MERIDIAN,ID CUP LANDSCAPE PLAN ARTISAN VICTORY MARKET JUNF7,— 0 Page 26 D. Site Plan—Conditional Use Permit(dated: 03/1�5,1202306/09/2023) &Conceptual Phasing Plan for Multi-Family Development CONI)ITIONM,LSE PEMUT FOR ,I o Rp,F ,• ,• •. .• • .• •. i • _.. k P. l jn, w_ HEET �:E>_ i ITI — • • • �.. EE, E qq _ � RE i tYKu z' Q m Z Z t nu i y w i I , I 1 > > w z z 0: a z n ® - 0 F a Qm --Fn1UIINAEY ENGIN111 FOR YI NiTISAN lZCTOEEMRY MAIi%F:T Lp Y i ARTISAN VICTORY MARKET-CONCEPT PHASING PLAN .. .e mom.. - - -Ph 12units r. _s.'-Phase 1 -- °� Phase 2 I f 37 units Phase 4 _ 14 units I, zwZ 12 und6 Ld W Z a > Ld q 0 i i j i i JP S > # Z z z J < w � Q aem W- Page 27 E. Common Open Space Exhibit(dated: 03/,c 90230n/,9/202306/5/2023) OPEN SPACE EMBIT FOR a �f AIiT15 LV YICTOF1 11ARKET jp 1 _ O[: - I I �$ FL EM '8 i" �� .�i I m •• 4 ,���. m ....Ih I = 1 'u� fl� iri 2 mWZ Ld > _ Ie _ g BL I/} *__ 0 d Z I. wFa d rc 4 i pam was- Page 28 F. Site Amenity Exhibit for Multi-Family Development AMENITIES A-Clubhouse and Pod B-Dog Pare A-Schematic Clubhouse and Pool C-Playground D-Community Gardens E-Open Space — - 1= - B-Dog Park .gyp A C-Playground D-Community Gardem y Page 29 G. Conceptual Building Elevations&Perspectives for Multi-Family Development MODERN .T CRAFTSMAN VICTORY VARKI I CLUBHOUSE DErd �u iYikra I�ww r BARON -i U M M E_ RIP ROOF MODERN CRAFTSMAN . _ 1 BED 1 BATH DUPLEX EINE NNN SINGLE SLOPE ROOF MEN _ FINN --- - EINE Now BARON -1UMMEL Page 30 HIP ROOF MODERN CRAFTSMAN 2 BED 2 BATH TYPE A FINE MEN SINGLE SLGVE HOOF LIE= mom .k LINE] BARON u M r-1 HIP HOOF - - MODERN- -CRAFTSMAN 2 BED 2 BATH GARAGE MEL] SINGLE SLOPE aooF FINE a J EME Now BARON HUMMEL Page 31 MODERN CRAFTSMAN 3 BED 2BATH LINE MEN [AME u�y, BARON SUM M E L MODERN CRAFTSMAN TOWN[IOUSES-6 PLEX FINE MEN MINE I -a e -1MEN :: ❑❑® A 6A PN -UMMEL Page 32 MODERN CRAFTSMAN .ty HAHHI I ENTRY FEATURE pr BARON iuMMEL _ MODERN CRAFTSMAN GARAGE-STORAGE BUILDING MEN E:]E]7 NEU BARON HUM MEL Page 33 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Development of the subject property shall be generally consistent with the conceptual development plan, site plan,preliminary plat,conceptual phasing plan,landscape plan, open space and site amenity exhibits, and conceptual building elevations submitted with the application contained herein. b. The appheapA sha4l inelude a pla-za area in the commer-eial area tha4 ties in with the epe ifAegrate the two open spaees. A pedem*ian shall also be provided to the c. The final plat shall be recorded prior to issuance of Wilding pem itsthe first certificate of occupancy for any structures within this development. d. The site shall be r-estr-4 eted to only one drive through on the property as proposed. Conditional use per- - B required prior-to eommeneement of the use. Preliminary Plat: 2. The final plat shall include the following revisions: a. Ineltide a note granting er-ess aeeesshngfess egfess easements between all eemmer-eial lots in the sWadivision,Inglewood S4divisiea to the seiAh, and Eagle Read via a note OR the b. Depict all street landscape buffers in a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business owners' association as set forth in UDC 11-3B-7C.2a.A minimum 25 foot wide buffer is required along S. Eagle Rd per the standards listed in UDC 11-3B-7C.1. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Landscaping is required within the street buffer as set forth in UDC 11-3B-7C. (See updated standards) b. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3. installed 10 feet 4,,m the p petty lifie- 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-7 for the R-15 district and UDC Table 11-2B-3 for the C-C zoning district. 5. All waterways on this site shall be piped as set forth in UDC 11-3A-6B,unless otherwise waived by City Council. Page 34 6. The landscape plan submitted with the final plat shall include the detail mitigation plan in accord with UDC 11-3B-10. 7. All structures on the property shall be removed for the site with development of the subdivision. 8. Comply with all ACHD conditions of approval. 9. Comply with the private street standards in UDC 11-3F-4. The proposed private streets shall be in a common lot. if thepr-iva4e street is proposed t i fAer-seet Eagle Rd. ply f r alto....alive, ...liars a 15 days p r to the City r,., nei hear-in,.. 10. Staff has concerns with the residential units on the east side of Titanium Ave, specifically pedestrian safety. The residents on this side of the roadway will need to cross the street to gain access to the main amenities. The applicant shall coordinate with ACHD and include decorative crossings through this roadway and provide traffic calming at the Titanium and Publisher intersection.This also includes coordinating with the property owner to the south as testified at the public hearing. Conditional Use Permit: 11. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development. 12. The site/landscape plans included in Section VII shall be revised as follows: a. All shafed driveways aleng the east side ef Titanium shall be a minimam width ef 20 fee gar-ages. b. All on-site service areas, outdoor storage areas,waste storage,disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3- 27B.2. c. Depict the location of the property management office; maintenance storage area; central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access; and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3- 2 7B.7. d. Remove the 15 feet linear-open spaee along the seu4hei%pr-epei4y boundafy fFem the "alifying open spaee ealeuWiens. A new open spaee exhibit is fe"ir-ed 15 days prior-to open spaee standards. e. Depict landscaping along all the foundation of all street facing elevations in accord with the standards listed in UDC 11-4-3-27E. f. Depict a minimum of 20 bicycle parking spaces per the standards listed in UDC 11-3C- 6G;bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C. Bike racks should be provided in two central locations as proposed. g. Depict a minimum of 3052-3-6 parking spaces for the multifamily development as proposed. Page 35 h. Provide amenities for the development as shown in Exhibit VII.F. The applicant shall provide another amenity from the multi-modal category and provide a detail of the amenity with the CZC submittal. i. Minimum 7-foot wide sidewalks shall be provided where parking abuts sidewalks if wheel stops aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5134; if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet. j. The applicant shall relocate the trash enclosure located on the north side of the parking lot east of the pool and install a 5-foot wide sidewalk to provide a more direct connection to the children play structure. 13. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area as set forth in UDC 11-4-3-27B.5. 14. All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of the document shall be submitted prior to issuance of the first Certificate of Occupancy for the development. 15. hi phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units in accord with UDC 11-4-3-27C.6. 16. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the multi-family and commercial development to ensure compliance with UDC standards and development provisions associated with this application. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Project must submit Phasing Memo with construction drawings per Land Development Notes associated with PREAPP-2021-0192. If project will be phased for occupancy,then separate Land Development record will need to be submitted for review of the public utilities with each phase. 2. A streetlight plan will be required for the development of this property. 3. Remove main for manhole 133 and 134. Run sewer service directly to building for apartment buildings. 4. Provide turn around area for manhole F 1 (turn around approximately the same as fire truck). 5. Common Driveways with four or more lots need to have a private sewer line that will be the responsibility of the HOA. A manhole in the common driveway located at the property boundary is required with a lid that states Private. 6. Sewer easement width varies depending on sewer depth. Sewer 0-15 ft deep require a 20 ft easement, 16-20 ft a 30 ft easement, and 21-30 ft a 40 ft easement. Also see general note three under Public Works General Conditions of Approval for additional easement requirements. Page 36 7. When sewer and water easements are combined the width of the easement will vary depending on sewer depth. Sewer 0-20 ft deep require a 30 ft easement,20-25 ft a 40 ft easement, and 25-30 ft a 45 ft easement. 8. For water and sewer in parallel,if sewer depth is greater than 15', locate water main 5 ft from edge of easement and center the sewer main between the water main and other edge of easement. 9. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches,light poles, etc.)are built within the utility easement. 10. Ensure no sewer services pass through infiltration trenches. 11. Avoid having the water meters in hardscape. First option would be to have them in landscaping where we can have at least 10 ft separation from the building and 10 ft easement(we are ok with extended pigtails). If there is no suitable landscaping to meet that requirement then place the meters as far from the building as possible and provide as close to 10 ft as possible. 12. Applicant to ensure that services up to the water meter have 20 ft easement. Carports and other permanent structures cannot be with in easement. The areas of concern are the units north of Loon Creek Ln and Publisher Ln. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. Page 37 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Prior to vertical permit acceptance/receipt, street signs are to be in place, sanitary sewer may be installed/inspected in part or in whole (but not required as activated or fully approved as not necessary for site safety), and water systems activated and approved as related to hydrant locations,road base installed and approved for use and capacity of 80,000 lb. vehicle,prior to payment or receipt of vertical building permits.Vertical building permit plan sets may be submitted and reviewed/approved prior to horizontal acceptance of above listed requirements. However, approved plan sets may not be paid for or collected until horizontal acceptance. This stipulation does not pertain to garage buildings or vertical structures located within the driveways,drive isles, or site roads to be constructed. Garage buildings or vertical structures located within the driveways,drive isles or site roads are allowed to proceed with plan submittals,reviews and approvals along with permit payment and receipt, and can be constructed concurrent with completion of horizontal requirements for the site, and be permitted prior to horizontal acceptance to minimize access impact in regard to the emergency access of the site. , shall be appr-eved a-ad aefivated,read base appr-eved by the Ada Ceth,#y Highway Distfiet a-ad the Final Plat for-this subdivision shall be r-eeer-ded,-prior-to applying for-building pemlits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Page 38 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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.org/public—works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridianciV.o.-glWebLinkIDocView.aspx?id=281216&dbid=0&repo=MeridianCit X Meets all Fire Dept.requirements and is across the street from Station#4. D. POLICE DEPARTMENT No comments have been received. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=282300&dbid=0&repo=MeridianCit &y cr--1 Page 39 F. WEST ADA SCHOOL DISTRICT(WASD) h yps://weblink.meridianciV.org/WebLink/Doc View.aspx?id=289314&dbid=0&repo=MeridianCit X G. BOISE PROJECT BOARD OF CONTROL h yps://weblink.meridianciV.org/WebLink/Doc View.aspx?id=282195&dbid=0&repo=MeridianCit X H. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridiancity.org/WebLink/DocView.aspx?id=285810&dbid=0&repo=MeridianCit X I. PARK'S DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=281205&dbid=0&repo=MeridianCit y&cr=1 J. COMMUNITY DEVELOPMENT SCHOOL IMPACT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=286761&dbid=0&repo=MeridianCit X K. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.org/WebLink/DocView.aspx?id=282820&dbid=0&repo=MeridianCit X L. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciLy.orglWebLinkIDocView.aspx?id=286497&dbid=0&repo=MeridianCit X M. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=290332&dbid=0&repo=MeridianCit N. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=290332&dbid=0&repo=MeridianCit &y cr--1 IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Council finds the proposed zoning map amendment to the R-15 zone and subsequent development is generally consistent with the Comprehensive Plan and the MU-C FL UM designation. Page 40 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds the proposed map amendment will allow for the development of residential uses which will contribute to the range of housing opportunities in the City consistent with the purpose statement of the residential districts in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat: In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The 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 Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The 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, Page 41 The 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. The Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. C. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council finds that the subject property is large enough to accommodate the proposed uses and dimensional and development regulations of the R-1 S zoning district(see Analysis, Section Vfor more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed use is consistent with the future land use map designation of MU-C. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Council should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal,water, and sewer. The Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. D. Private Street(UDC 11-3F-5) In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; Page 42 The Director finds the proposed design of the private streets does comply with all of the standards listed in UDC 11-3F-4. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity; and Staff does not anticipate the proposed private streets would cause damage hazard or other detriment to persons,property or uses in the vicinity if the streets are designed and constructed in accord with the standards listed in UDC 11-3F-4B. The adjacent neighborhoods will still have access through the development via a local street networkfor a portion of the site. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The Director finds the use and location of the proposed private streets does not conflict with the regional transportation plan. A local street network is being provided with the development to provide connectivity with adjacent neighborhoods which is desired in the Comprehensive Plan. 4. The proposed residential development(if applicable)is a mew or gated development. This finding is not applicable as this a multi family development and not a mew or gated development. Page 43 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Compass Pointe Subdivision (H-2023- 0004) by A Team Land Consultants, located at 3245 and 3247 S. Locust Grove Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- , AND DECISION&ORDER , In the Matter of the Request for Annexation and Zoning, Preliminary Plat consisting of 21 residential building lots and 6 common lots, Private Streets, and Alternative Compliance on 7.69 acres of land with a request for the R-8 zoning district,by A Team Land Consultants. Case No(s).H-2023-0004 For the City Council Hearing Date of: June 27, 2023 (Findings on July 11,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 27, 2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 27, 2023,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 27,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 27,2023,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(COMPASS POINTE SUBDIVISION AZ,PP,ALT,PS-FILE H-2023-0004) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 27,2023, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning,Preliminary Plat,Alternative Compliance, and Private Streets is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 27, 2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of 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(COMPASS POINTE SUBDIVISION AZ,PP,ALT,PS-FILE H-2023-0004) -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(l)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of June 27,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(COMPASS POINTE SUBDIVISION AZ,PP,ALT,PS-FILE H-2023-0004) -3- By action of the City Council at its regular meeting held on the 1 lth day of July 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 7-11-2023 Attest: Chris Johnson 7-11-2023 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 7-11-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(COMPASS POINTE SUBDIVISION AZ,PP,ALT,PS-FILE H-2023-0004) -4- Exhibit A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 27,2023 a: ' DATE: Legend UProject Location _ TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner 208-884-5533 � SUBJECT: H-2023-0004 _ Compass Pointe Subdivision LOCATION: The site is located at 3245 &3247 S. Locust Grove Road,in the NE '/4 of the ; NE 1/4 of Section 30,Township 3N., -- Range 1E. .s I. PROJECT DESCRIPTION Annexation and zoning of 7.69 acres of land with a request for the R-8 zoning district; • Preliminary Plat consisting of 21-residential building lots and 6 common lots on approximately 7.08 acres of land in the R-8 zoning district; • Private streets(PS)are proposed for internal access within the development; • Alternative Compliance is requested to UDC 11-3F-4,to allow the proposed private street to connect to Locust Grove, an arterial street;by A-Team Land Consultants. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 7.69 acres Future Land Use Designation Medium Density Residential Existing Land Use(s) County Residential(RUT) Proposed Land Use(s) detached single-family homes Lots(#and type;bldg./common) 27 total lots—21 single-family residential;and 6 common lots. Phasing Plan(#of phases) Proposed as one(1)phase. Number of Residential Units(type 21 total units single-family detached units of units) Density(gross&net) Gross—2.96 du/ac.;Net—3.37 du/ac. Open Space(acres,total 2.75 acres total—2.22 acres of qualifying open space(or [%]/buffer/qualified) approx. 31.4%qualified according to the submitted open Page 1 Description Details Page space exhibit)much of the qualified open space is the creek and landscape buffers. Amenities 3 amenities—Park#1 -a gazebo,picnic area,and sitting plaza;Park#2-sitting area and pickleball court;and dog park with a sitting area. Physical Features(waterways, Tenmile Creek runs along the western property boundary hazards,flood plain,hillside) with most of its easement on this property.A portion of the property within the easement shows area of flood hazard. Neighborhood meeting date;#of November 3,2022;2 attendees. attendees: History(previous approvals) In 2020,City Council denied the previous proposed project (AZ,PP,ALT,PS H-2020-0100) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State Proposed access is from S. Locust Grove,an arterial. The Hwy/Local)(Existing and Proposed) proposed access is via a new private street and all internal roadways are proposed as private streets. Stub Street/Interconnectivity/Cross No stub streets are proposed due to site constraints. Access Existing Road Network E.Victory Road and S.Locust Grove Road,arterial streets, are existing with 2 travel lanes. Existing Arterial Sidewalks/ No Buffers Proposed Road Improvements No road improvements are proposed by the Applicant due to all abutting right-of-way to the subject site being scheduled for widening by ACHD. The intersection of Locust Grove and Victory is to be a roundabout in 2022-23 with Locust Grove Rd.being widened to 5 lanes north of the intersection and Victory Road being widened to 3 lanes on either side of the intersection by 2025. Fire Service • Distance to Fire Station 1.5 miles from Fire Station#4 • Fire Response Time Proposed development falls within the 5-minute response time goal. • Resource Reliability 74%(below the target rating of 80%) • Risk Identification Risk Factor 2—Residential with hazards;current resources would not be adequate to supply service to this project due to nearby waterway if a water emergency were to occur. • Accessibility The proposed project meets all required access,road widths,and turnarounds. The electric gate at the entrance shall have an Opticom device and a knox switch for back-up in case the Opticom device fails.All roads are fire lanes and shall be signed:No Parking Fire Lane"per the 1018 IFC and installed per ACHD standards. Page 2 Description Details Page Police Service • Distance to Police Station No comments submitted. • Response Time • Accessibility • Additional Comments West Ada School District • Distance(elem,ins,hs) No comments submitted. • Capacity of Schools • #of Students Enrolled Wastewater • Distance to Sewer N/A Services • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.98 • Project Consistent with YES WW Master Plan/Facility Plan • Additional Comments M Flow is committed ■ Ensure no sewer services pass through infiltration trenches. Water • Distance to Water Services 0' • Pressure Zone 4 - • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with YES Water Master Plan • Impacts/Concerns M Water and Sewer in parallel require a 30'easement. ■ The Water and Sewer need 10' separation and should be evenly spaced from the edge of the easement. ■ Water mains by themselves require a 20'easement with Water main centered in the easement. ■ Ensure no permanent structures(trees,bushes, buildings,carports,trash receptacle walls,fences infiltration trenches,light poles etc.)are built within the utility easement. ■ See mark-ups for additional comments. 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'� �1`�I •■!�1■ii■iiiai'iiiiiw�l .�. ■ I■■■ iMM �`�14�1 : iiiliiiiii'111 r --- I■■i•-1 ':n:n III n ■ na _ n:n na► 11'1 L. um unmmu \ Sao■ i 111 �. Gum unam 4_ nn,■■■m 1 Inm nnmm�lnn 1 nn■nm1 1 nm nnnnln - ■ u11 In OEM'0 �= 1111 In 4p -- f` - �=nn■ �� lnn■am a I iy�� �__ ��� - non ON 11 11 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 4/19/2023 6/11/2023 Radius notification mailed to properties within 500 feet 4/14/2023 6/9/2023 Site Posting 4/17/2023 6/13/2023 Nextdoor posting 4/14/2023 6/8/2023 V. COMPREHENSIVE PLAN ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Medium Density Residential—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school,or land dedicated for public services. The proposed annexation area is an undeveloped corner of land with existing medium-density development to its west, east across Locust Grove, and north across Victory Road. Specifically, this parcel of land is at the southwest corner of Victory Road and Locust Grove Road. There is existing City of Meridian zoning to the west, east, and north located within the northeast corner of the same intersection.All existing development directly adjacent to the subject site is zoned R- 8. The proposed land use of single family detached residential would be consistent with the existing surrounding dwelling units in the immediate area. Medium-Density Residential(MDR)allows gross densities of 3-8 units per acre; the Applicant is proposing a gross density of 2.96 du/ac. Staff finds that the proposed project meets the density requirements of the Comprehensive Plan. B. Comprehensive Plan Policies(hgps://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed R-8 zoning and proposed land use of single family detached homes will contribute to the variety of housing options in this area and within the City as desired. Single-family detached homes currently surround the proposed development. "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities"(2.02.01 A). The Applicant is proposing a 5-foot sidewalk along S. Locust Grove Road that connects to the 10 foot pathway proposed on the northeast of S. Locust Grove and Victory Road. The 5-foot sidewalkproposed along S. Locust Grove Road is required to be a 10 foot wide pathway connection to the newly proposed pathway to be built by ACHD. In addition, the Applicant is proposing 5-foot sidewalks adjacent to the internal private streets with connections to the path along S. Locust Grove and Victory Roads. These connections create a continuous walking path through the development creating easy pedestrian and bicycle access within and outside of the proposed development. Despite the Ten Mile Creek qualifying as open space per the UDC, it is the majority of the proposed open space and is not an active open space area. The Applicant has not been able to enter into a license agreement with the irrigation district to beauty the creek but the code notes Page 5 that this is one of the waterways encouraged to be left natural. There are other small pockets of open space within this development that the Applicant can accommodate active uses and the Applicant has chosen to place them throughout the project to encourage use by all future residents; three of these areas are-large enough to be qualified open space(meets the 50'x 100' requirement). Despite the inclusion of a large area of qualified open space in terms of the percentage of the site, Stafffinds the proposed open space is in alignment with this policy. "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity"(6.01.0213). Due to the triangle shape of this parcel and its location being constrained directly by the Ten Mile Creek and two arterial streets, strict compliance with this policy is not feasible. There are no streets (public or private)stubbed to this property and this parcel also cannot stub to any other parcel due to these constraints. The Applicant is only proposing one access for the development and is locating it as far away from the intersection as physically possible. Despite not being able to comply with this policy, Staff acknowledges that only one access to an arterial is proposed. The access to Victory Rd. is for emergency access only. "Require all new residential neighborhoods to provide complete streets,consistent with the Transportation and Land Use Integration Plan."(2.02.01 Q. The Applicant is not proposing to construct complete streets with this development and therefore does not comply with this policy. Instead, the Applicant is proposing to construct private streets at their minimum standard width of 24 feet with a 5-foot attached sidewalk on both sides of the street along the main access road, shown as Compass Lane on the submitted plans. Both ACHD and the Applicant believe private streets are the preferred street type in this development because there is no opportunity for road connectivity to adjacent parcels due to the site constraints outlined above. The Applicant is not required to construct private streets and public streets would be accepted by the highway district if proposed as compliant with their standards. However,public streets require more right-of-way than private streets and if this were to be constructed with public roads instead, a redesign of the project would be required and would likely result in a large reduction in building lots and usable land. "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided."(3.03.03). The proposed development and use adhere to the vision established by the underlying future land use designation in that it should offer an additional housing option for the immediate area. Single-family detached homes are permitted in the R-8 zoning district.In addition, all infrastructure extensions will be paid for by the Applicant and not the taxpayers. "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00). The proposed site design provides maximum use of the land with the proposed residential dwelling types and should be compatible with the adjacent subject sites. Staff finds this development to be generally consistent with Comprehensive Plan policies and objectives. VI. STAFF ANALYSIS NOTE: On May 4,2023,the Planning and Zoning Commission continued this project to allow the Applicant the opportunity to address the recommended conditions of approval proposed by Page 6 Staff. Staff s analysis,exhibits,and conditions of approval have been updated to reflect the changes to the plans as required by the Commission and Staff. A. ANNEXATION(AZ) The applicant proposes to annex 7.69 acres of land with an R-8 zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 21 single-family residential detached dwelling units at a gross density of 2.96 units per acre(see Sections VIII.B,E). The proposed use and density of the development are consistent with the MDR FLUM designation. Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): NOT-E: Staff r-eaehed out to the Applieant last week to diseuss r-eeommended r-evisions to the plat and elevations prior-to the Commission hearing. To date, Staff has not r-eeeived a response baek from the applieant.-Based on the analysis below sever-a!of StafVs Commission wants to review the ehanges before maldng a r-eeommendation to City Counew, Staff r-eeommends the Commission eontinue the appliention. The proposed preliminary plat consists of 21 building lots and 6 common lots on 7.08 acres of land in the proposed R-8 zoning district. Proposed lots range in size from 5,000 to 7,529 square feet(s.£) (or 0.11 to 0.17 acres). The proposed gross density of the subdivision is 2.96 units per acre. The subdivision is proposed to develop in one phase as shown in Section VIII.B. Existing Structures/Site Improvements: An existing home and outbuilding on the subject property are proposed to be removed with the development of this property. Prior to the City Engineer's signature on the final plat, all existing structures are required to be removed. Dimensional Standards(UDC 11-2): The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The proposed plat appears to comply with the dimensional standards of the district. Private Streets/Access: Access for this development is proposed via a gated private street connection to S. Locust Grove in the southeast corner of the site aligning with E. Coastline St. on the east side of Locust Grove(the access into Tradewinds Subdivision). All private streets appear to meet UDC dimensional standards for width,number of units,and turnarounds. However,the private street standards prohibit connections to arterial roadways unless approved through alternative compliance.Per UDC 11-3F-4.A.B.3, upon recommendation of the City Engineer and Fire Marshal, the Director may approve, or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Article and shall not be detrimental to the public health, safety, and welfare. Page 7 Alternative Compliance(ALT) to the private street standards is requested due to the triangular shape bordered on two sides by arterial streets and on one side by the Ten Mile Creek. There is no opportunity for connectivity to any adjacent site lot and so ACHD prefers private streets within the development. Consequently, because private streets take less right-of-way than public streets and most notably because of the constraints just noted the Applicant agrees with this assessment and has proposed private streets throughout the development. Based on the analysis, the Director is supportive of the request for ALT for the proposed private streets within this development taking access from an arterial street. City code requires that private streets are to be used in either a mew or gated development and so the Applicant has proposed to construct a gated entry into the development. The proposed gate looks to meet the setback standard of 50-feet back from the ultimate edge of right-of- way per UDC 11-3F-4. ; , a turnaround should be depieted on the plat prior-to proposed gate to allow spnee for-vehieles to turn around without ha-Ang to baek out on to Loeust Grove Road. The access point into the development does not meet ACHD district policy but they are modifying their policy to accommodate access into the development because it aligns with the access across Locust Grove Road. The Applicant is proposing to construct private streets that are 24'wide with S'attached sidewalk along the perimeter lots within the development. The applicant is also providing a pedestrian connection to the 10 foot multi-use pathway along Locust Grove and connects with a bus stop location. Staff supports the proposed sidewalk layout to ensure adequate pedestrian access in the development except Staff believes an additional pedestrian connection to Locust Grove is necessary from near the center of development. At the north end of the main street within the development(labeled as Compass Lane on the plat) the Applicant is proposing an emergency-only access to Victory Road. This access is required if more than 30 homes are to be constructed. Staff is not aware of the kind of emergency access proposed but Meridian Fire prefers bollard-type accesses for added efficiency in emergency situations;Meridian Fire has approved the requested preliminary plat for fire access, turnarounds, and road widths. Additionally,the private street appears to ener-oaeh or-prevent the Applieant&om installing the 25 foot landseape buffer- along Loeust Grove Road whieh will require the Applieant to r-ealign the private street outside of this area; this eould result in the loss of a buildable lot and a deer-ease in the proposed open spaee. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. The proposed street sections(24 feet wide with attached sidewalk) of the private streets within the development,shown on the submitted preliminary plat, CANNOT accommodate parking on either side of the street. The entirety of the private streets will be required to be labeled as `No Parking,"per the Meridian Fire recommendations. Each unit will be required to meet the off- street parking standards and Staff encourages the developer of this site to include provisions within their HOA bylaws that prohibit garages from being used as storage. This would help alleviate some of the parking issues seen throughout the City and especially in areas where no on-street parking is allowed. The Applicant is also showing guest parking along the Compass Lane totaling 13 additional parking spaces. Lot 6,Block 3 is proposing 6 guest spaces,Lot 2,Block 2 is proposing 7 guest Page 8 spaces, both are within a common lot, however staff is not qualifying these areas as open space. Sidewalks(11-3A-17): Five-foot attached sidewalks are proposed along both sides of the main entrance and on one side of all internal private streets. Sidewalks are not required when constructing Private Streets. There is no existing sidewalk along Victory Road or Locust Grove; only a portion of a 310-foot sidewalk along the southeast of S. Locust Grove Road is proposed with this project because both arterial streets are currently under construction to be widened as part of the roundabout project at this intersection by ACHD,as stated above. Detached sidewalks are required along arterial roadways per UDC 11-3A-17. The Applicant has already agreed to dedicate additional right of way to ACHD for the roundabout and future widening of Victory and Locust Grove. ACHD is requiring the Applicant to road trust for the sidewalk improvements as the roundabout and associated improvements will likely be constructed prior to construction of this site. In addition, this will ensure any improvements made by the Applicant will not have to be removed to make the planned roundabout improvements. The submitted plat does depict the intersection improvements currently under construction. eT, Me applicant is proposing to construct a 310 foot wide detached sidewalk along a portion of Locust Grove Road consistent with the improvements ACHD is constructing. Staff reeommen-'s the a"Ueanf eonstfuet a 10 foot wide sidejmlk along their entire por-don ofLest Grove Roa Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to E. Victory and S. Locust Grove Roads,both are designated as arterial streets. This buffer should be landscaped per the standards listed in UDC 11-3B-7C and placed into a common lot that is at least 25 feet wide. In most cases this common lot should also contain the detached sidewalk required along all arterial roadways but in this case a portion of the sidewalk abutting this site will be built with the ACHD roundabout project.The Applicant is constructing the remaining portion of the sidewalk on the southeast property boundary adjacent to S. Locust Grove. The landscape plan depicts a -510-foot wide sidewalk connecting to the 10-foot wide sidewalk to be constructed by ACHD. sidejfflik eonneedon along S-. Loeiist Grove Road-, the added WdM to e siddewalk to layout to meet the landseape bufftr requhwment 15 days prior to the City Coiined Hearhtr. The submitted landscape plan and preliminary plat depict a landscaper buffer,the correct number of trees appear to be shown on the submitted landscape plans (see Section VIII.C). All required landscape buffers along streets shall be designed and planted with a variety of trees, shrubs, lawn, or other vegetative ground cover. Plant materials in conjunction with site design shall elicit design principles including rhythm, repetition, balance, and focal elements. revise-The landscape plans appears to meet the standards in UDC 11-3B-7(Landscape buffers along streets). Seefigures beloje- A and methods of mitigation outlined by the City Ar-bor-ist before any trees are to be r-em as set forth in UDC >>-3B-IOC.3. Page 9 Common Open Space& Site Amenities(UDC 11-3G-3): A minimum of 15% (or 1.06 acres based on 7.08 acres) qualified open space is required to be provided in this development per the standards listed in UDC 11-3G-3. An open space exhibit was submitted that depicts 2.22 acres of common open space for the development with 1.06 acres of this area as qualified open space (see Section VIII.D). The minimum amount of qualified open space required is 1.06 acres, approximately 46,174 square feet. There are four(4) main open space areas proposed within Compass Pointe, the centralized common open space includes a sitting area and pickleball court; a pocket park near the entrance will have a gazebo with a picnic area,plaza, and sitting area; dog park with sitting area and wrought iron fencing; and linear open space along the northern boundary next to the Ten Mile Creek. The open space for this development is vastly made up of the Ten Mile Creek easement(2.12 acres) and the arterial street buffers (22,315 square feet of qualifying area).All of this area is qualifying but the Ten Mile Creek will be left natural(no improvements) and will be a buffer and more of a visual amenity rather than usable open space for the development. Due to the peculiar shape of this site,Staff finds the proposed open space meets the UDC code requirements;however,Staff recommends the Applicant submit a revised open space exhibit due to the modifications noted above—vehicle turnaround, and realigning the road to accommodate the 25 foot landscape buffer requirement. 15 days pfier to the City Coune Based on the area of the proposed plat, 7.08 acres,a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant has proposed three (3)qualifying amenities in multiple locations: gazebos, a picnic area, seating around small plazas,pickleball court with a seating area, and dog park. The proposed amenities exceed the minimum UDC requirements and Staff finds them to be applicable for a community of this kind due to the variety of activity levels they can accommodate. Waterways: The Ten Mile Creek runs along the western boundary of the site. The irrigation easement is depicted on the plat and no encroachments are allowed within the easement area. The landscape plan depicts a landscape buffer that looks to be at 5-feet in width adjacent to the irrigation easement line on the landscape plan meeting the UDC standards. should depiet the widM of the landseape buffer on the land-seapeplan. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home proposed to remain on Lot 1,Block 2 is required to connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Fencing(UDC 11-3A-6. I1-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. According to the submitted landscape plans, the Applicant is proposing three (3)types of fencing throughout the site, 6-foot vinyl solid fencing, 6-foot wrought iron fencing, and 4-foot wrought iron fencing. Fencing is shown on the landscape plan along the subdivision boundary, adjacent to the Ten Mile Creek, around the central open space lot along the northern portion of the site, and around the dog park. Fencing shown next to any open space shall be open-vision or semi private fencing per UDC requirements. The landscape plan appears to be in compliance with this requirement. Page 10 Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations: One(4)Two 2 conceptual building elevations wa-s--were submitted that demonstrate what fixture homes in this development will look like (see Section VIILF);a two- story homes that includes a variation of materials with a two-car garage are proposed. The submitted elevations depict a number of different architectural and design styles with field materials of lap siding,shake, differing color accents, roof profiles, and distinct window styles. Staff recommends that the Applicant add additional stone or brick accents to the front of the homes to provide more of a variation in materials. story and shqk story hem . Staff is recommending a condition of approval that the Applicant vary the build-to-lines along the northern boundary within the development to eliminate any monotonous wall plane;this should occur with every third structure showing a different wall plane. The Applicant shag be requ to submitted revised/additional elevations and an as shown on Exhibit E that demonstrates ing varying build-to-lines and elevations along the northern boundary. that oeenr with every third soweture within 15 dap prior to the Gty Cou V11. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement,and preliminary plat per the provisions in Section X in accord with the Findings in Section XI. The Director approved the alternative compliance and private street applications for this development. B. The Meridian Planning&Zoning Commission heard these items on June 1,2023.At the public hearing,the Commission moved to recommend approval of the subject Annexation&Zoning, Preliminary Plat,Private Streets and Alternative Compliance requests. 1. Summary of Commission public hearing_ a. In favor: Steve Arnold,A Team Land Consultants b. In opposition:None C. Commenting: Steve Arnold,A Team Land Consultants d. Written testimony: None e. Staff presentinggpplication: Stacy Hersh,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None Page 11 C. The Meridian City Council heard these items on June 27,2023.At the public hearing,the Council moved to approve the subject Annexation.Zoning,Preliminary_ Plat.ALT,and Private Street requests. 1. Summary of the City Council public hearing: a. In favor: Steve Arnold.A Team Land Consultants b. In opposition:None C. Commenting: Steve Arnold.A Team Land Consultants d. Written testimony: None e. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Concerns with overflow parking and delivery trucks 4. City Council change(s)to Commission recommendation. a. None Page 12 VIIL EXHIBITS A. Annexation Legal Description and Exhibit Map a DAVID EVANS AND ASSOC I ATES INC DESCRIPTION FOR COMPASS POINTE SUBDIVSION REZONE&ANNEXATION The following describes a parcel of real property lying within the Northeast Quarter of the Northeast Quarter(NE1/4 NE1/4),Section 30,Township 3 North,Range 1 East,Boise Meridian,City of Meridian, Ada County,Idaho being more particularly described as follows: BEGINNING at the northeast corner of said NE1/4 NE1/4;Thence,along the east boundary line of said NE1/4 NE1/4,South 00'14'11"West,1070.48 feet; Thence,departing said east boundary line,North 30"12'47"West,1235.02 feet to the nortFi boundary line of said NE1/4 NE1/4; Thence,along said north boundary line,North 89'42'20"East,625.91 feet to the POINT OF BEGINNING, containing 7.69 acres more or less. l �w F 0 13 x sF r a 1oP e� P.SU1U�P Page 13 625.91 n89°4T20"e �a✓s� � Title: Date:05-19-2020 Scale: 1 inch=200 feet File:COMPASS POINTE SUB REZONE ANNEXATION.des 'tract 1: 7.690 Acres: 334998 Sq Feet:Closure—s72,0359w 0.00 Feet Precision>11999999: Perimeter—2931 Feet 001=00.1411w 1070.48 003=n89.4220e 625.91 002=00.1247w 1235.02 Page 14 EXHIBIT MAP OF COMPASS POINTE SUBDIVISION RE—ZONE & ANNEXATION A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 30, T. 3 N., R 1 E., S.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2020 E VICTORY RD N $9'42'20" E 625.91'7h PLS 8444 NE COR, SEC. 30 FOUND 1/2 REBAR FOUND BRASS CAP 28.95' WC I \ I 00 p O � � 7 O u'p 7.69 ACRES* I O a o N. I FOUND 5/8 REBAR ILLEGIBLE 1"=200' DAVID EVANS o _ Q ANoASSOCIATES INC. a 1 4 6 0 ,u O 9179 W Black Eagle Dr 4p D Boise Idaho 7 ° Phone: 208-585-5858 s'tc9 F F►oP�e� qNP SU1L�`1P Page 15 B. Preliminary Plat(dated: 2/''%3 5/19/2023) (NOT APPROVED) gg i r p a .121 F a 1��1"Hi°iNN 11 :1 9i �� t g ,4 44e F Quay � igag�@p Ff3� s �� ■ � $iy? - oY �xx■..s' Says n e•a 3� �SaE�B�e�i�g��$ � �Pk a#�i�i�r�0��0 w� � i iyy � p' egg @ � i�@ � �i i I k I I I � I ��3�jge$g f B S S a•.�!I��3 p d�d�`�`� Igo -ssasSM HASS HH Eil� i I I 4 I I III +l••x'��mx®or 1g ...._,..:� EUCTORY R❑ �;� r--it—l7F I \rqr ,S by I ' "I I Al 1 , f L__J L_. �ix e A T I F• {_ ' � irr Ir II rr�l ril " Y' :tip i. No k t jai �' �l\k �� �•�r�r\ �,' s �2r it r � F �• { � f i v e S� � H 10 ��� if YGaLNsy�d�glg�� t� e= EZ p'Bysp F= gg ' ' i11 Page 16 C. Landscape Plan(dated: 3/^'�23 5/22/23) (NOT APPROVED) MUM _ ly I I COMPASS POINTS _— nvew wracrre rl.w om PLANT PALLETT-$4RU08 LANDSCAPE N07E8' g r G i 190nrTRIG VIEW .... LANoscaPE caLcuLgn0N9; ..r«,.>., .....,..�,,. PLANT PALLETT-TREES VINYL PRIVACY FlNCJNO +�•,`•. tir iuM, — erdL.iM i✓ 0 r r rnriuueano u DEVELOPnENT DATA+ SITE LEGEND'___ PL6., !R CLLT DED pGE A'RCN FlNCE """`� y.-u •-,•®•-,•'• ,,,� it ..w,. ,�•�-�. COMPASS POINTE SUBDIVISION rua a.•mwexe.e- I a�I w.uu.eena.imm _ Tewruur 6ryneaN FpJCEFUN.IrwIarAlclr� "'"'®" auRln��nNrrN���•m.� �..r.. •T^E...-�M•-- Page 17 D. Open Space Exhibit(dated: 2/25/2023) (NOT APPROVED) l I I 4 I � I I 7 � I l Page 18 E. Conceptual Building Elevations 0 m� a> man ZmZ OV4 m � mmw O n~i U 3 g. 's A-201 ° Y IN 044 .. a �. .. 1 �'' ► ,� Ea Ivry ;�R��'�� .��- ":; 1 o �s Page 19 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions The DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the approved Preliminary Plat,Landscape Plan,common open space/site amenity exhibit and conceptual building elevations for the development included in Section VIII and the provisions contained herein. b. The entire frontage improvements along E. Victory Road and S. Locust Grove Road shall be completed with the first phase of development, except for a portion of the required sidewalks,per the conditions of approval by ACHD. c. A final plat application shall not be submitted until the intersection improvements are substantially complete. 2. , The preliminary plat included in Section VIII.B, dated 3/7/2023, shall be revised as follows: a. Revise the plat to depiet a vehiele t+imar-otmd prior-to the proposed epAi=y g4e to allow b. Revise the pla4 to show vafying Wild te lines aleng the aet4hem betmdafy within the develepm&4 to eliminate any monotonous wall plane;this sha4l eeeur-with evei=y third— c. Revise the plat to show the additien ef a Sid-walk eenneetien te E.Vietefy Read from Compass L d. Revise the..W t -epl ee the proposed c feet wide sidewalk with 10 feet wide sidewa4k along S. Leetist Grove Read eenneeting te the 10 feet wide sidewalk to be rs,,-aetoa by n G14D e. Revise the pW to show six(6) eemmen lots instead of-7-. 3. i , The landscape plan included in Section VIII.C,dated 3/1/2023 shall be revised as follows: a. b. Depiet the width ef the 25 feet wide!a-adseape buffer-s along S. Leetist Grove Read a-a E. Vieiar-y Read as well as the bugar-width adj.ee fft t the Tor ratio r-eek c. Revise!he landseape pla+i ie show the addition of a sidewalk ewmeetieft to E.Vietef�', Page 20 d. Revise the!a-adseape-plan to r-eplaee the proposed 5 feet wide sidewalk with a 10 feet wide sidewalk aleng S. -beetist Gfeve Read eenneeting to the 10 feet wide sidewalk to be e. . f. removed in aeeer-d with the sta-adaMs listed in UDG 11 3B I 0C_F'. The Appliefffit shall eeer-difiate with the City A r-be-ist(Kyle YE)F� 1 + �1 1; ;f, .1 t deie..aine .� _ _. cvzccccririxnc m t;...,tior-equir-emefftsIg4ort f:emeval of existing tees 4,,m the site g• of the f:ead t aeeemmeda4e the 25 feet lands ape buffer- rt 4. The Applicant shall vary the build-to-lines along the northern boundary within the development to eliminate any monotonous wall plane;this should occur with eve1y thir structure showing a different wall plane as shown on Exhibit E. 5. The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 6. The Director has approved the Alternative Compliance Requests to the private street requirements in UDC 11-3F-4A.2. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 8. The Applicant shall comply with all ACHD conditions of approval. 9. Prior to the City Engineer's signature on the final plat,all existing structures shall be removed. 9. , Lane"the proposed"Compass will provide var-iatien in building setbaeks to eentr-ibute to .,tt,active sti feets.ape(this shalleeeur-with every third st,uetufe) 10. Submit revised eleva4ieas theA ineltide a mi*of stone a-adler-br-iek a-ad provide additieaa4 11. The Ten Mile Creek that resides along the western boundary of the subject site shall be protected during construction. 12. The Applicant shall comply with and maintain all applicable standards for the proposed Private Streets as outlined in UDC 11-3F. 13. "No Parking"signs shall be erected on both sides of the private streets throughout the development; coordinate with Joe Bongiorno of the Fire Department if you have any questions regarding this condition. 14. All fencing is required to comply with the standards listed in UDC 11-3A-7. 15. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5,UDC 11-3B-13 and UDC 11-3B-14. 16. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer's signature on a final plat within two years of the date of the approved findings; or 20 obtain approval of a time extension as set forth in UDC 11-6B-7. Page 21 B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Connect the Compass Lane water main north to the water main in Victory Road. 1.2 At the end of Navigation Road,provide a meter pit for a 1"service and a 4"sleeve to the northeast at the proposed edge of the future roundabout. This will be used for a future water service to the roundabout for landscaping. 1.3 Horizontal separation between water and sewer mains must be a minimum of 10 feet. 1.4 Water main must be a minimum of 4 feet from all curb/gutter. 1.5 Call out the removal of all water blow-offs. 1.6 Water and Sewer mains in parallel require a 30 feet easement. Water and sewer need 10 feet separation and should be evenly spaced from the edge of the easement. Water mains by themselves need a 20 feet easement with the water main centered in the easement. 1.7 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles, etc.)are built within the utility easements. 1.8 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A streetlight future installation agreement will be required for the streetlights on Locust Grove and Victory. Locust Grove and Victory are scheduled to be improved by ACHD and streetlights will be installed during the improvements. Contact the Transportation and Utility Coordinator for additional information. 1.9 The geotechnical investigative report prepared by SITE Consulting, LLC dated April 6,2020, indicates some specific construction considerations and recommendations. The applicant shall be responsible for the strict adherence of these considerations and recommendations to help ensure that homes are constructed upon suitable bearing soils, and that groundwater does not become a problem with home construction. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances Page 22 (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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. Page 23 2.17 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT(MFD) https:llweblink.meridiancily.org/WeUink/Doc View.aspx?id=293278&dbid=0&redo=MeridianC iv Page 24 D. POLICE DEPARTMENT(MPD) No comments received. E. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE No comments received. F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciV.oL-glWebLinkIDocView.aspx?id=293549&dbid=0&repo=MeridianC ky G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) No comments received. H. ADA COUNTY DEVELOPMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=294149&dbid=0&repo=MeridianC ity I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=297975&dbid=0&repo=MeridianC i &cr=1 J. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.oL-glWebLinkIDocView.aspx?id=294154&dbid=0&repo=MeridianC i &cr=1 K. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=294810&dbid=0&repo=MeridianC ky X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed zoning map amendment to R-8 and proposed residential uses are consistent with the Comprehensive Plan, if all provisions of the Development Agreement and conditions of approval are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment will allow for the development of single-family detached homes which will contribute to the range of housing opportunities available within the City and especially in the area immediate to this site, consistent with the Comprehensive Plan, and the purpose statement of the residential district. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Page 25 Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is in the best interest of the City per the Analysis in Section VI. B. Preliminary Plat Findings: 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; Commission finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan analysis and other analysis in Section V and Section VI of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property with development. (See Section IX of the Staff Reportfor 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, Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Fire, DEQ, Ada County Development, etc). (See Section IXfor more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, Commission 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 and approves of the project with specific conditions of approval relating to the scheduled road improvements adjacent to the subject site. 6. The development preserves significant natural,scenic or historic features. The Applicant is preserving the Ten Mile Creek that resides on the subject property; therefore, Commission finds the Applicant meets this finding. Page 26 C. Private Street Findings: In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The design of the proposed private streets complies with the standards listed in UDC 11-3F- 4; except for the required turnaround prior to the entry gate. See analysis in Section VI for more information. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons,property,or uses in the vicinity; and Commission does not anticipate the proposed private streets would cause any hazard, nuisance or other detriment to persons,property or uses in the vicinity if they are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-4B. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan despite needing Alternative Compliance for its connection directly to an arterial street. With the constraints detailed and analyzed for this development, Staff finds that local street access has been provided via a private street. 4. The proposed residential development(if applicable)is a mew or gated development. The Applicant is proposing to construct the residential development as a gated community and so, Commission finds this development in compliance with this finding. D. Alternative Compliance: In order to grant approval for alternative compliance to allow Private Streets directly off an arterial,the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Access to this development is provided by a private street and the UDC restricts access to both Victory Road and Locust Grove Road, arterial streets. There are no available local street connections to the subject property due to it being a triangle shape bordered on two sides by arterial streets and the other by the Ten Mile Creek. Because the property is not served by public local street streets and any public street would not be able to be extended to any adjacent property, the Director finds strict adherence to the UDC is not feasible and approves the request for the private streets to directly connect to S. Locust Grove Road, an arterial street. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the development proposed by the applicant as a whole provides an equal or superior means for meeting the requirements in that it contributes to the unique character of the area and provides diversity in housing types available within the City. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties and will contribute to the character and variety of housing types in this area of the City. Page 27 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Ringneck Place Subdivision (H-2023- 0009) by RiveRidge Engineering Company, located at 2315 E. Ustick Rd. (Parcel No. S1105212448 and Parcel No. S1105212449) CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- , AND DECISION&ORDER , In the Matter of the Request for Annexation of 1.73 acres of land with an R-8 zoning district, Preliminary Plat consisting of 9 residential building lots, and two(2) common lots on 1.539 acres of land for Ringneck Place Subdivision,by RiveRidge Engineering Company. Case No(s).H-2023-0009 For the City Council Hearing Date of. June 27,2023 (Findings on July 11, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 27, 2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 27,2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 27,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 27,2023,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(RINGNECK PLACE SUBDIVISION AZ,PP- FILE H-2023-0009) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 27,2023, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation,Zoning, and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 27,2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of 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(RINGNECK PLACE SUBDIVISION AZ,PP- FILE H-2023-0009) -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(l)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of June 27,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(RINGNECK PLACE SUBDIVISION AZ,PP- FILE H-2023-0009) -3- By action of the City Council at its regular meeting held on the 1 lth day of July 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 7-11-2023 Attest: Chris Johnson 7-11-2023 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 7-11-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(RINGNECK PLACE SUBDIVISION AZ,PP- FILE H-2023-0009) -4- EXHIBIT A STAFF REPORT C� f1E IDIAN COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 27,2023 Legend E NAKANO D DATE: IE E OMERA ST- 01F Project Location 7 �E VAN TO: Mayor&City Council N SUMMf� �� s OKER ST WAY �F J� p FROM: Stacy Hersh,Associate Planner �o ,,, E SUMMER 208-884-5533 a _ z DAWN DR = -- - ----- ___ SUBJECT: Rin eck Place Subdivision AZ'PPMM&."- E RINGNECk Ri) — H-2023-0009 ® sT E 4.0 _ SHARPTARL J LOCATION: 2315 E. Ustick Rd.(Parcels E OMAY DRT , #S 1105212448 and a#S 1105212449) inCL the Northeast 1/4 of the Northwest 1/4 of <�F� _J a %� - C 7- Z ' Section 5,Township 3N, Range 1E - Z I. PROJECT DESCRIPTION Annexation of 1.73 acres of land with an R-8 zoning district,Preliminary Plat consisting of 9 residential building lots and two(2) common lots on 1.539 acres for Ringneck Place Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ— 1.73 acres;Plat- 1.539 acres Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Single-family residential(SFR)/ag Proposed Land Use(s) Single-Family attached residential Current Zoning Single-Family residential zone(R1)in Ada County Proposed Zoning R-8(Medium Density Residential) Lots(#and type;bldg/common) 9 building lots,2 common lots Phasing plan(#of phases) 1 Number of Residential Units(type 8 single-family attached units and 1 single-family detached of units) unit Density(gross&net) 5.84 units/acre(gross) Open Space(acres,total [%]/ 25-foot wide landscape buffer along Ustick Rd.Lot 3,block 2 buffer/qualified) will be used as an interim open space lot until the southern stub street is extended. Pagel Amenities None Physical Features(waterways, Milk Lateral Easement hazards,flood plain,hillside) Neighborhood meeting date 2/15/2023 History(previous approvals) None B. Community Metrics Description I Details Page Ada County Highway No comments received District • Staff report No (yes/no) • Requires No ACHD Commission Action es/no • Existing Conditions • CIP/IFYWP Access(Arterial/Collectors/State Ustick Road is classified as a residential arterial roadway. Other than the Hwy/Local)(Existing and Proposed) access specifically approved with this application off of E.Ringneck Street and future stub street to the west,direct lot access is prohibited to this roadway and should be noted on the final plat. Proposed Road Improvements None Fire Service No comments received Police Service No comments received. West Ada School District No comments received. Distance(elem,ms,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed Five Mile • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.60 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section B. Page 2 Water • Distance to Services Water available at site. • Pressure Zone • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns C. Project Maps Future Land Use Map Aerial Map Legend Legend E Project Location 4 Project Location 4- w T CIVIC a r JET ER W E SU ^q" 4ftq N D� � Y . E-UST" =RD — E UST its� ++�� w' °� 4 1t xa� rJ w l9 1 F i Low-Density Residential V` � f X� ,•� � Zoning Map Planned Development Map E NAKANO D E NAKANO Legend 0Legend iq, �I g E OMERA ST g `E OMERA S 1 0 01 Project Location 7, Project Location z E VAN — Q - - t�urvuH� s >Q Cit Limits VAN M p9 OKER ST 3 R-8 ' *- y OKER ST WLn Jar w. z Planned Parcels o" l F`Wq� z ,,, E SUMMER ��,��� MMER ll , z DAWN DR C-N z DAWN DR US E' E-US � ------------ RUT RD , W R-2_ R-15 R-15 ® a R-15 [ SHARPTAIL -- R,1 sT �—LL— F KKAMAY DR �i O-8 RUT - - —R R-2 �i 9J F4 a ` R-15 R-2 z R-4 � R1 I R1 Page 3 III. APPLICANT INFORMATION A. Applicant: Kent Adamson,RiveRidge Engineering Company—2247 S. Vista Ave.,Boise,ID 83705 B. Owner: William Gallagher,WFG Investments, LLC—8312 W.Northview Street, Ste. 120, Boise, ID 83704 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 5/3/2023 6/1/2023 Radius notification mailed to property owners within 500 feet 4/28/2023 6/9/2023 Public hearing notice sign posted 5/7/2023 6/15/2023 on site Nextdoor posting 4/28/2023 6/8/2023 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Medium Density Residential(MDR) on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The subject 1.539-acre property is an enclave surrounded by existing single-family residential homes. The subject site abuts an R-8 and R-15 development to the west,Verado Subdivision No. 1 &No. 2;to the east and south is an R-1 zoning district in Ada County; and to the north is an R-8 development,Champion Park Subdivision No. 1. The subject property is designated as Medium Density Residential on the future land use map consistent with the approved development to the west. The Applicant proposes a 9-lot subdivision for single-family residential attached and detached homes at a gross density of 5.84 units per acre,which is within the desired density range of the MDR designation. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed single-family attached dwellings with a mix of lot sizes will contribute to the variety of housing options in this area and within the City as desired. Existing single-family detached and attached dwellings are in the Medium-Density and Medium High-Density Residential developments to the west and north and existing Residential Estate lots (RI) in Ada County consisting of detached dwellings are located within the surrounding area. Page 4 • "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. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01G) This area consists primarily of single family detached and attached homes located to the north south, east, and west; only single-family attached homes are proposed within this development. The proposed development offers lot sizes ranging from 4,237 to 5,332 square feet(sf.). • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed medium-density residential single-family attached homes contribute to the variety of residential categories within the surrounding area as desired. The proposed development is most compatible with the adjacent Verado development which has similar lot sizes and density.A 25 foot wide landscape buffer is proposed along Ustick Road as well. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed site design provides maximum use of the land with the proposed residential dwelling types and should be compatible with the existing developments on adjacent properties that are also designated for MDR uses. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities,irrespective of existing development."(2.02.02C) The proposed development will not likely impact the existing abutting developments to the east, west, and south. • `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 with development of the subdivision;services are required to be provided to and through this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) A 5-foot-wide detached sidewalk is located along E. Ustick Road. The existing sidewalk provides a link between all subdivisions east and west of this site. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development of the subdivision. Page 5 • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, the proposed development will be required to abandon the existing septic system and connect to the City wastewater system. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive Plan. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 1.73-acres of land with an R-8 zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 9 single-family attached and detached dwelling units and 2 common lots at a gross density of 5.84 units per acre(see Sections VIII.B, E). The proposed use and density of the development is consistent with the MDR FLUM designation. Single-family detached and attached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The property is contiguous to City annexed land to the north and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area for the R-8 zoning districts are included in Section VIII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 9 building lots and 2 common lots on 1.539-acre property in the proposed R-8 zoning district. Proposed lots range in size from 4,237 to 5,332 square feet(s.£)(or 0.09 to 0.12 acres). The proposed gross density of the subdivision is 5.84 units per acre. The subdivision is proposed to develop in one phase as shown in Section VIII.B. Existing Structures/Site Improvements: The outbuilding located on E. Ringneck Street should be removed with development of this property. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards(UDC 11-2): The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The proposed preliminary plat appears to comply with the dimensional standards of the district. Access: Access is proposed from E. Ringneck Street from N. Verado Ave. and E.Ustick Road. Direct lot access from E. Ustick Road is prohibited. The Applicant is proposing to remove the existing curb Page 6 cut to E. Ustick Road on this site as depicted on the preliminary plat. An Emergency Vehicle Turnaround is depicted on the plat over Lot 3,Block 2;the intent is to remove the turnaround to accommodate a single-family residential home once N. Lapis Road is extended in the future. The Applicant has proposed to landscape this parcel to be used as common open space for the development until such time that N.Lapis Road is extended. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. Landscaping(UDC 11-3B): A twenty-five-foot landscape buffer is required along E.Ustick Road in accord with UDC 11-3B-7. The landscape plan submitted depicts a thirty-foot landscape buffer along E. Ustick Road due to the Milk Lateral Easement. Staff finds that the landscape plan should depict less lawn and a wider planter bed with an additional mix of a variety of shrubs, mulch, and other vegetative ground cover in accord with UDC 11-3B-7C. A Tree Mitigation Plan should be submitted with the final plat detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 1I- 3B-10C.S. Sidewalks(11-3A-17): E.Ustick Road is improved with an existing 5-foot wide detached concrete sidewalk abutting the site in accord with UDC standards. Staff is not recommending that this sidewalk be replaced with a 5-foot detached sidewalk. The Applicant is proposing 5-foot attached sidewalks on both sides of E. Ringneck Street and N.Lapis Avenue. Staff recommends that the Applicant replace the gravel area in the parkway area with vegetation in accord with UDC 11-3B-7C and remove the driveway and replace with curb,gutter, and sidewalk per ACHD standards. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Fencing(UDC 11-3A-6, I1-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. According to the submitted landscape plan, the Applicant is proposing 6-foot Vinyl fencing around the perimeter of the site and between the single-family attached homes. A detail of the fencing should be provided with the final plat. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision asset forth in UDC 11-3A-15. The second common lot proposed on the east side of this site is planned to serve the pump station for the proposed subdivision's pressure irrigation as depicted on the preliminary plat. The corridor for the southern user ditch is to be piped from the southeast corner of the existing exit location into the Verado Subdivision to the west. The property does not comprise surface water rights;therefore, the Applicant is proposing a private pressurized irrigation system. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations: Conceptual building elevations were submitted that demonstrate what future homes in this development will look like(see Section VIII.D). Variations of single-story homes with a two-car garage are proposed. The submitted elevations depict a number of different architectural and design styles with field materials of lap siding,stucco, differing color accents, and roofproftles. Staff recommends that the Applicant add additional stone or brick accents to the front of the homes to provide more of a variation in materials and a combination of various colors for each unit. The Applicant shall submit elevations for the future single-family detached home with the Design Review Page 7 Application. The final design of the structure is required to comply with the design standards listed in the Architectural Standards Manual. VII, DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on May 18,2023.At the public hearing,the Commission moved to recommend approval of the subject Annexation,Zoning, and Prelimiary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Chip Gallagher b. In opposition:None C. Commenting: Chip Gallagher d. Written testimony: Christie Mangel,increased traffic, safety, and need for noise mitigation,. e. Staff presenting application: Stacy Hersh,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s) testimony a. None 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard these items on June 27,2023.At the public hearing,the Council moved to approve the subject Annexation.Zoning and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Kent Adamson,RiveRidge Engineering Company b. In opposition: None c. Commenting: Kent Adamson,RiveRidge Engineering Company d. Written testimony.None e. Staff presenting application: Stacy Hersh.Associate Planner f Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None Page 8 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map aescrlption log R,B Zane Ringneck Place Subdivision February 21, 2023 A parcel of land located in Government Lot 3 of Section 5,Township 3 North, Range 1 East,Boise Meridian,Ada County,Idaho more parlicutady described as follows- Commencing at the 114 corner oomrrnon to Sectlon 5,T.31\1„R.1 E„ B.M.and Section 32,T.4N„ R.1E„B.M..lrcm which the Section corner common to Sections 5 and 5, T_3N., R_1 E., 13_M_, and Sections 31 and 32,TAN.,R.1 E.,113_M., hears North 89°44'57"West, 2.655.43 feet,thence on the north boundary line of said Section 5, Nortt199°44'57"West, 167.49(eel to the POINT OF BEGINNING; thence leaving said north boundary line, South O0028702"West.450,00 feel; thence North 89'44'57`West, 167.50 feet to the east boundary line of Verado Subdivision No. 1 as filed in Book 112 of Plals al Pages 16219 through 16223.reoords of Ada County,Idaho; thence on sald east'haundary line and the northerly exterfslon thereof,NDrth 00°2WO2"East,450.Ob feet to the north Boundary line of Bald Section 5; thence on said north boundary line, South 89°4TS7"East, 167.50 feel to the POINT OF BEGINNING, Containing 1.730 acres,mare yr less. End of Descriptlon. 779 Nzer z1Q Page 1 of 1 Page 9 Basis of Bearings_ 26 55.43'•- - Point of T_4N_ $+161 's SM'44'57"E 167.50' Beginning 1 f# S 32 T-4-N- T-3N. g 2320.44' 1fi7-49' - -- 5.5 T,3N, E. Ustkk Rd. Brack f Verudo sub. NO.Y E. R�gnam ri 1cres A S+ r+ Mock 5 Veredo Sub No.I N 89'4-V 57'W 16 7.50' KL LANO 1779 ¢ 0P � q 6 70 40 so CIO MCC ❑ H Exhibit Drawing for 5e �JREI' Ms".E��V. R-8 Zone S,,.t NO. K q"'°en°' Rin neck Ploce Subdivision 1 GROUP, LLG Uwo«.d In Co o-t�a of s.ctlw 5. owq. Dwe L3N.. R.1E.,9.W.. Adu Omnty. Idaho. 2/21/2023 Page 10 B. Preliminary Plat(dated: 1/30/2023) to sg m 0 T'-+ ��I I i 1 I I 0 e I I�.1 I I - 9,5 Ll '.,_.a.,........e.,—_...,......,......—.. =_...:�,.- � of p aatt^}v' ^:sc»:a c-easx ill.- ••J -- �•••� —•,- a a !!@ r oa a Z B Page 11 C. Landscape Plan(dated: 1/26/23) we '. eM;"; LI y �i=_ - — I g U f _ ___ __ W A 4 I I � I 11 1 I I I I I I I I I I � Land Pan Z lan�pa Plan Page 12 D. Conceptual Building Elevations Q. F From El-ab- w - U z Hear Eler'aLori m m L _ ® ® E a_ z g� SIde EI�aM1m Side Elavatlm A-2.01 Page 13 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan,and conceptual building elevations included in Section VIII and the provisions contained herein. 2. The final plat shall include the following revisions: a. Include a plat note that restricts Lot 3,Block 2 from being a buildable lot until N. Lapis Road is extended in the future. b. Graphically depict zero lots line on the plat for those lots that will be developed with single- family attached homes. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Replace the gravel area in the parkway area with vegetation in accord with UDC 11-3B-7C and remove the driveway and replace it with curb,gutter,and sidewalk per ACHD standards b. Depict a fencing detail for all new fencing proposed for the subject site. c. Lot 3, Block 2 shall be landscaped and used as common open space for the development until such time that N. Lapis Road is extended. c. Mitigation shall be required for all existing trees four-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred(100)percent replacement per UDC 11-3B-1OC.5. d. Revise the landscape plan to depict less lawn and a wider planter bed with an additional mix of a variety of shrubs, mulch, and other vegetative ground cover in accord with UDC I 1-313-7C within the 25-feet landscape buffer along E. Ustick Road. 4. The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 5. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the R-8 zoning district shall be removed. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table I I- 3C-6 for single-family dwellings based on the number of bedrooms per unit. 8. Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC I I-3A-15. 9. The Applicant shall comply with all ACHD conditions of approval. 10. Direct lot access from E.Ustick Road is prohibited. Page 14 11. A Design Review application shall be submitted and approved for the proposed single-family attached homes prior to submittal of a building permit application. The design standards listed in the Architectural Standards Manual and the Development Agreement. The Applicant shall submit revised elevations that include a mix of stone and/or brick as well as submit elevations for the future single-family detached home with the Design Review Application. 13. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 14. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer's signature on a final plat within two years of the date of the approved findings; or 20 obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Call out removal of blow-off valve on water main along west boundary of site. 1.2 Dead ends to the east and south need to either end in a fire hydrant or a 4"blow-off. 1.3 Ensure no sewer services pass through infiltration trenches. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-313-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. Page 15 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and Page 16 approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT The fire department turn around shall be signed"No Parking Fire Lane" per the 2108 IFC and installed to ACHD standards. D. POLICE DEPARTMENT No comments at this time. E. PARK'S DEPARTMENT No multi-use pathways required for this project;propose a tree mitigation plan for any trees to be removed and submit to City Arborist prior to final approval per UDC 11-313-10. F. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=290606&dbid=0&repo=MeridianCitX G. WEST ADA SCHOOL DISTRICT(WASD) No comments were received from WASD. H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=292631&dbid=0&r0o=MeridianCity&cr =1 I. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=293371&dbid=0&r0o=MeridianCitX Page 17 J. ADA COUNTY HIGHWAY DISTRICT(ACHD) No comments were received from ACHD. K. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=292720&dbid=0&repo=MeridianCity&cr =1 FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the Applicant's request to annex the subject property with R-8 zoning and develop single-family attached dwellings on the site at a gross density of 5.84 units per acre is consistent with the density desired in the MDR designation for this property; the preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds the proposed map amendment to R-8 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds City services are available to be provided to this development. Comments were not received from WASD on this application so Staff is unable to determine impacts to the school district. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is in the best interest of the city if revisions are made to the development plan as recommended. Page 18 B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Commission finds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Commission finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 19 W IDIAN� AGENDA ITEM ITEM TOPIC: Modification to Development Agreement (AAA Oregon/Idaho H-2023-0017) between the City of Meridian and AAA Oregon/Idaho for Property Located at 1139 and 1065 E. Fairview Ave. ADA COUNTY RECORDER Trent Tripple 2023-039785 BOISE IDAHO Pgs=15 VICTORIA BAILEY 07/12/2023 11:44 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES:ADDENDUM TO DEVELOPMENT AGREEMENT 1. Cityof Meridian . o,Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this l lth day of J u ly -2023,("ADDENDUM"), 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 AAA Oregon/Idaho C'ON E E LO E "), whose address is 600 Market Street,Portland,Oregon 97201. RECITALS A. OWNER/DEVELOPER submitted an application for a Modification to the existing Development Agreement recorded June 29, 2016 as Instrument 1 -05750 in Ada County Records for the purpose of updating the existing concept plan.The Meridian CityCouncil approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A." B. CITY and OWNER/DEVELOPERnow desire to amend said Development Agreement,which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67- 511. NOW,THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: I. OWNER/DEVELOPER OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded June 29, 2016 as Instrument 201 -0575 ,except as amended as follows; a. Revision to existing Development Agreement Provision 5.1.d as follows: 5.IA e & . ,ele- d- ' 4 . .3__, The use of this property is permitted for all commercial uses listed in the Allowed Uses Table 11- -2 within the C-G zoning district.Further,the site is prohibited from storing any inoperable or dismantled customer vehicles. The only vehicle repairs allowed on the site shall be the servicing of fleet vehicles within the designated shop area of the existing building. b.Add a new provision to the existing Development Agreement as follows; ' 5.1.j.Primary office hours for the property shall be limited from 6:00 a.m.to 1100 p.m. e dispatch of vehicles for mobile roadside assistance and similar vehicle-related services is permitted to operate 24 hours a day, 7 days a week. Dispatchemployees are working remotely for the AAA Call Center and not physically present at this property. Service Technicians are primarily off-site responding to dispatch calls. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns,heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. N101) MCATION TO DEVELOPMENT AGREEMENT—AAA OREGON11DAHO FLEET H-2023-0017 Page 1 of 3 3. This Addendum 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 Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) 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 hereon 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 Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, 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 Addendum 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. [End of text. Acknowledgements, signatures, and Exhibit A follow.] MODIFICATION TO DEVELOPMENT AGREEMENT—AAA OREGONADAHO FLEET H-2023-0017 Page 2 of 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: AAA Oregon/Idaho i y: Its: ,��1j, r� f i �.U STATE OF Y\ ) )ss. County of_1 ) On this AQ day of 1�1�1 _ ,2023,before me,the undersigned,a Notary ublic in and for said State,personally appeared T����;;`;��;� �,';�„L�„^„�,known or identified to me to be the �r of A.AA Oregon/Idaho and the person who signed a oVe�acknowledged to me that they ex mited thesame 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. OFF M,,IAL STAMP cnrTMu►ca"'*"My OMOON — (S=Blrm MCI 1032240 Notary blic MY COMM1WAON EMMS JMUMW M=7 My commission expires:, CITY OF MERIDIAN ATTEST: By: _ 7-11-2023 Mayor Robert E. Simison 7-11-2023 Chris Johnson, City Clerk I STATE OF IDAHO ) :ss County of Ada ) On this l lth day of Ju1Y 2023,before me,a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and City 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. (SEAL) Notary Public for Idaho 3-28-2028 My commission expires: MODIFICATION TO DEVELOPI�ENT AGREEMENT—AAA OREGONADAHO FLEET H-2023-0017 Page 3 of 3 EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW �Jj E AND DECISION& ORDER In the Matter of the Request for Development Agreement Modification(Meridian Property Group Inst.#2016-057450)to change the use of the property from vehicle sales only to include all permitted uses listed in the C-G zoning district; approval to operate a AAA Oregon/Idaho Fleet Services facility providing mobile services for AAA members and ancillary fleet vehicle repair on 1.40 acres of land in the C-G zoning district,by Woofter Bolch Architecture. Case No(s).H-2023-0017 For the City Council Hearing Date of. June 6,2023(Findings on June 20,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 6,2023,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 6,2023, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 6,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 6,2023,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(AAA OREGON/IDAHO FLEET MDA-H-2023-0017) 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 6,2023, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 6, 2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(l)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of June 6,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(AAA OREGON/IDAHO FLEET MDA-H-2023-0017) By action of the City Council at its regular meeting held on the 20th day of 11= 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED-AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED_A)�E COUNCIL MEMBER JESSICA PERREAULT VOTED_A)�E_ COUNCIL MEMBER LUKE CAVENER VOTED _AYE_ COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT S1MISON VOTED (TIE BREAKER) . � y Mayor Robert E. Simi n 6-20-2023 Attest: �e Chris ohnson f20-20 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Chw1 1� W Dated: 6-20-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(AAA OREGONIIDAHO FLEET MDA—H-2023-0017) -3- STAFF REPORT ci E COMMUNITY DEVELOPMENT DEPARTMENT ► HEARING 6/6/2023 Legend DATE: TO: Mayor&City Council j`1� FROM: Stacy Hersh Associate Planner #a}i*� i F iota SUBJECT: H-2023-0017 � .' AAA Oregon/Idaho Fleet MDA � ' F . LOCATION: 1139& 1065 E.Fairview Avenue in the Ir NW'/4 of the NE '/4 of Section 7, . Township 3N.,Range 1E. ►� � � I. PROJECT DESCRIPTION Request for a Development Agreement Modification(Meridian Property Group Inst. #2016-057450)to change the use of the property from vehicle sales only to include all permitted uses listed in the C-G zoning district; approval to operate a AAA Oregon/Idaho Fleet Services facility providing mobile services for AAA members and ancillary fleet vehicle repair on 1.40 acres of land in the C-G zoning district,by Woofter Bolch Architecture. II. APPLICANT INFORMATION A. Applicant/Representative: Miles Woofter,Woofter Bolch Architecture— 107 SE Washington Street, Suite 228 B. Owner: AAA Oregon/Idaho—c/o Timothy Morgan 600 Market Street,Portland, 97201 III. NOTICING City Council Posting Date Notification published in newspaper 5/21/2023 Notification mailed to property owners within 500' S/12/2023 Applicant posted public hearing notice sign on site 5/18/2023 Nextdoor posting 5/15/2023 Page 1 IV. STAFF ANALYSIS History This is a proposal for a development agreement modification to allow a dispatch center for mobile services to operate AAA Oregon/Idaho on the subject property. The property comprises of three lots with a total land area of 1.40 acres. The parcel located at 1065 E. Fairview was annexed into the City as a commercial property in 2001 under AZ-01-010. In 2016, a Development Agreement Modification and Annexation of parcel#S1107120625 for Meridian Property Group was approved under H-2016-0004,MDA Inst. #2016-057450. The approval also included the termination of the existing Development Agreement,which was previously identified under Instrument#109134178. Further, a Council waiver was granted to reduce the required 25-foot landscape buffer along the southern border of the development adjacent to the Touchstone Place Apartments. The buffer width was reduced to 5-feet next to the vehicle display area and 10-feet behind the building. A Certificate of Zoning Compliance and Design Review application(A-2016- 0309)was approved for the building and existing site improvements consistent with the current Development Agreement. Development Agreement Modification The MDA approved under Instrument#2016-057450 contains a provision that restricts the use of the property to vehicle sales. However,the Applicant is seeking to amend the existing DA to allow AAA Oregon/Idaho to operate a dispatch center for mobile services on the subject properties. The Applicant is proposing a 24-hour dispatch center for mobile roadside assistance and similar vehicle-related services while proposing hours of operation for the office building from 6:00 am to 11:00 pm. The proposed business hours of operation are consistent with UDC standards when a property abuts a residential use or district. The dispatch center will be staffed by a limited number of employees who will be working remotely and not out of the building. The applicant has stated that no inoperable or dismantled vehicles will be brought back to this site for repairs. Maintenance activities within the shop will be exclusively conducted on AAA vehicles. Access from E. Fairview Avenue will be limited to right-in/right-out only. Additionally,a shared access drive is provided on the Touchstone Place Plat,connecting the subject property with the neighboring property to the east(R8509200080). Existing Development Agreement: Section 5.1.d. (Uses Permitted by This Agreement)of the Meridian Property Group Agreement reads as follows: "The use of this property shall be restricted to the vehicle sales in accord with the specific use standards set forth in UDC 1-4-3-38." The applicant proposes to modify Section 5.1.d.as such: 5.1.d.The use of this pr-epefty shall be r-estfieted to the vehiele sales in aeeer-d with the speeifie use st-andar-ds setferth in UDG 11.4. . The use of this property shall include all permitted uses listed in the C-G zoning district in the Allowed Uses Table 11-2B-2 for commercial developments. Vehicle wrecking and junk yard uses are prohibited. Ordinary business hours shall be between 6:00 am and 11:00 pm; however,the property may be used as a 24-hour dispatch center for mobile roadside assistance and similar vehicle-related services. Page 2 V. UNIFIED DEVELOPMENT CODE UD The proposed uses, a dispatch center for mobile services and vehicle repair minor are listed as principally permitted uses, in the C-G(General Retail and Service Commercial District)zoning district per UDC Table 11-2B-2. Compliance with the standards listed in UDC 11-2B-3 is required. The proposed use is subject to the following Specific Use Standards(UDC 11-4-3-451—Dispatch center for mobile services: (Staff analysis in italics). A. No outdoor storage of material shall be allowed.All materials shall be stored indoors. The Applicant is not proposing to store any outdoor materials on the subject property. B. Adequate off-street area shall be provided for fleet vehicle storage. 1. Fleet vehicle storage shall only be on surfaces composed of one(1) of the following materials: concrete,asphalt, grasscrete,pavers,bricks,macadam, or recycled asphalt. The parking lot is currently surfaced with asphalt, which is used to accommodate parking for all fleet vehicles. 2. Fleet vehicle storage shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. The Applicant shall comply with this requirement. 3. Fleet vehicle storage shall be screened with a six-foot sight obscuring fence, or fleet vehicle storage shall be designed as an off street parking area consistent with the standards as set forth in sections 11-3C-5 and 11-3B-8 of this title. The Applicant has not provided details on how they intend to comply with this requirement. This will be verified at the time the Applicant submits a Certificate of Zoning Compliance (CZC)application. C. The site shall not be used as a "contractor's yard" as herein defined. The Applicant's proposal for the change of use on this property does not include a plan for establishing a "contractor's yard". D. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. The Applicant's proposal for the change of use on this property does not include a plan for establishing a "vehicle wrecking or junk yard"or transporting dismantled vehicles to the site. E. The site shall not be used as a"terminal,freight or truck" as herein defined. The Applicant is not proposing to use the site for a "terminal,freight or truck". The proposed use is subject to the following Specific Use Standards (UDC 11-4-3-37)—Vehicle repair, major and minor: (Staff analysis in italics). A.Where adjoining a residential property or district, all repair activities (including,but not limited to, open pits and lifts) shall occur within an enclosed structure. The applicant is proposing to do some minor vehicle repairs on the fleet vehicles only. Staff is amenable to request since vehicle repair is allowed in the C-G district and only for service of the fleet vehicles. Further, all minor repairs for AAA's vehicles should be limited to the designated shop area inside the building. Staff recommends a new DA provision limiting the vehicle repair to the fleet vehicles only as proposed. B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence,wall, or screen or within an enclosed structure and shall not be visible from the street. As stated above, inoperable or dismantled vehicles will not be brought back to this site for repairs. Page 3 Staff recommends the development agreement modification with the recommended changes in Exhibit C below. VI. DECISION A. Staff: Staff recommends approval of the proposed MDA per the modified provisions in Section VILC. B. The Meridian City Council heard these items on June 6,2023. At the public hearing,the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Valerie Colgrove. SVP.Chief Financial Officer b. In opposition: None c. Commenting:None d. Written testimony:None e. Staff presenting application: Bill Parsons,Planning Supervisor f. Other Staff commenting on application:None 2. Kee issue(s)of public testimony: a. None 3. Key issue(s) of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None Page 4 VII. EXHIBITS A. Development Agreement Legal Description and Survey Map(date: 2/9/2023) TEALEY'S LAND 12594 W.Expkrter Drive.Sul!e 150-Boise.klaho 53713 SURVEYING i2081 385-0536 Fax(20613b5-061ae ProjeCt.No.:5015-19 Date-.March S.2023 DESCRIPTION f=OR DEVELOPMENT AGREE141ENT PARCEL—AAA OREGONIIDAH0 A pareat of land bQmg Lot 22 of Black 1 of TouChMbne Place Subdivision,as filed forrscgr'd in the officer of the Ada County Recorder, Botoe,Ada County,Idaho in Book 107 of Pfau at page 1480 and a portion of the NW 1M of the NE 1M of Section 7. T.M., FR.fE.,8 Jul.,Meridian, Ada County,Jdaho and mote porticutarly described as follows Comrnarscmg al the North V4 earner of said Sedan.7 marked by Crass rip;thenoe along the Norlh boundary of said Secilnn 7 South 89`29'2.3"Fast E13.109 feet to a pant:thence leaving said North houndary Ssruth 00'34'26'West 4-8(hg feet to a paint On the South right-of-way line or East Fairview Avenue, said goat markbng the point of beginning of a curve, said punt hein9 the POINT OF BEGINNING;along said South rigihi-oti,vay line of East Fairview Avenue along a curve to lie right 317 57 feet,said Curve having is radius of 57231)80 feet,in centrat argle of 00'19'05"and a long chord hearing South 891413" East 317.57 feet In painl of ending of curvy on Me extended Wev boundary of Lot 22 of Block 1 of Tauchgtvne Place Subdivision:thence along sand extended 4Veat boundary South 00'3933"West 14.29 feet to the Northwest corner of 5sid Lot 22.Mari a aksng the J+DM beuntl.aty of said Lot 22 SOath 8"3'28'13'East 19.66 feet rn the Nottheayf corner of sold Lot 22.thmea along the East Ooundary of said Lot 22 South 01'C6'07"East 190 49 Feet to the Southeast comer of urd Lot 22;thertae along the South boundary of said Lot 22 and the North boundary of swat Touctistone Place SuMivision N04h 89'2622G'West 148.71 feet to a Ipoi+lt Thence continuing North 08`30'3r East 41.Z9 feet t4 a pQin�thence continuing North West t94.1}3 Feet to the Northwest comer of sand Touchstone Place Suhdlvlsecn;lneilce Tong the extended West boundary of said Touchstone Place Subdn1ism>n North 00'34'28"East 160.03 feelto the POINTOF BEGINNING. Said parcel of land Contains 1.40 acres,mare or less .34.1, wwa�nrenc[n7 o*++WPno-Y fie¢aoa-iuc Page 5 a 13 ifs' I�Ns�T M 11 iF I � � �.. ,■ .fir.. ! J i alip, i 4 ON G CED e ' I Ili r r c I 11.11`•f 1 IutixLnF• �rinxF'uY4 xo x � I � 1+1 R 14M. au arw4a�.a reu�r■u�LLan"y Page 6 B. Existing Development Agreement Language C USE.4PERNUTrEDBY THIS AGMFFMENT: This AgmcmentshalIvest the right to develop the l}roperty in accordance with the terms and conditions of this Agre=caf, 4.1 Thu uses allowed Pursuant to#his Agrcoment are only those u.e8 allowed wider the UDC_ 4.2 No change in the uses specified in this Agreement shall be allowed without inodificadon of this Agreement, 5, CONDITIONS GOYE;RNIYG DEV)H:IMPMENT OF SUBJECT PROPERTY: 5_l, Owner/Develuper shall develop the Pmperly in accordance with ft following spau:iai conditions, a. Future development of the site shall be consistent with the design standards 1 i sled in UDC 11-3A-19 and the guidelines in the Architectural Standards Manual. b. Development of this property shall generally comply with thu concept plan inoludcd in Exhibit A,2 and the builditxg uluvations includW in A3 of lbe Findings of Pact and Conclusions attached hereto Q8"Exhibit B"_ S, A minimum 25-foot widc street buffer shall be constructed along the entire frontage of the site alongE.Fairview Ave inmxordwilh UDC 11-3B-7C_ Construct a minimum ofa 25- foot wide landscape buffer atmtLing the msidmtiml property to The south,unless modified by City Council,in act ord with UDC 11-313-9C:, d, The use of this property dual I he Msiriutud to the vehicle sales in accord with the apwifie use standards set forth in UDC 11-4-3-38. e, Future developmenl of ibis site is no longer subicot to recorded D veloprnent Agreement #109134174& f '[1c applicant sliall provide cross�acem to I035 E. Fairview Avenue (parcel # Si 107120677), the Mss-a"M agreement shall be rucordcd prior to submitling an application for Certificate of Zoning Compliance and Desig i Review. g. Prior to CZC approval,the applicant Shall demonstrate ownership of Lot 22,Block I of Touahstonc Place Subdivision;and should include the lot in the overall site design of the property ualess modified by City Council, in accord with UDC 1 t-3B-9C, Pe':eLopmF TAaRim-mcmr—MEk1dwMPrtoemrGROUPH-20t6.0004 PA0e3OF8 h. Future dewelopment of the site shall comply with the ordinances in effect at tlic time of dowclopment, i_ The applicant shall obtain approval from Ada County Highway D i err vA and City Council for the right-i rdxight-out access via E.Fairview Ave. Page 7 C. Proposed Revisions to the existing Development Agreement Provision 5.1.d: Staff s Recommended Changes: "5.1.d. The ttse of this pr-epeAy shall be r-estr-ieted to the vehiele sales in aeeE)r-d with the speeifie use stomas set forth in UDC "4a. The use of this property is permitted for all commercial uses listed in the Allowed Uses Table 11-213-2 within the C-G zoning district.Further,the site is prohibited from storing any inoperable or dismantled customer vehicles.The only vehicle repairs allowed on the site shall be the servicing of fleet vehicles within the designated shop area of the existing building. Staffs New DA Provision: Primary office hours for the property shall be limited from 6:00 am to 11:00 pm. The dispatch of vehicles for mobile roadside assistance and similar vehicle-related services is permitted to operate 24 hours a day,7 days a week. Dispatch employees are working remotely for the AAA Call Center and not physically present at this property. Service Technicians are primarily off- site responding to dispatch calls. Page 8 D. Site Plan/Floor Plan(date: 7/6/2022) W� �i OOA awram9ur,5 sLm o �E�w�•—�* ��rT.. --=�'—� -maim ------i.�..4�1 - :=ter — ~ems Floor Plan • *A � � ' w � Page 9 V IDIAN� AGENDA ITEM ITEM TOPIC: Task Order for Design, Fabrication, and Delivery of Discovery Park Artwork: Wildlife Benches between Colin Selig and the City of Meridian for a Not-to-Exceed Amount of $25,000.00 TASK ORDER FOR DESIGN, FABRICATION,AND DELIVERY OF DISCOVERY PARK ARTWORK: WILDLIFE BENCHES This TASK ORDER FOR DESIGN, FABRICATION, AND DELIVERY OF DISCOVERY PARK ARTWORK: WILDLIFE BENCHES ("Agreement") is made this11 thday of July , 2023 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Colin Selig LLC, a limited liability company organized under the laws of the State of California("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, City desires that public art will be a component of the phase II construction of Discovery Park, and to that end, requested that Artist submit a proposal for functional bench seating artwork to be installed at Discovery Park; WHEREAS,Artist and City have entered into a Master Agreement for Professional Services: Park Identities Public Art Roster("Master Agreement"), which establishes the terms and conditions under which City may invite Artist to provide services including consultations, design, delivery, installation, maintenance, and repair of artwork,pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; WHEREAS,Artist designed, and proposed the fabrication and delivery of Wildlife Benches, a series of four functional powder coated steel benches, as generally depicted in Exhibit A hereto ("Artwork"); WHEREAS,project stakeholders including the Meridian Parks and Recreation Department and the Public Art Committee of the Meridian Arts Commission evaluated proposals submitted and selected Artist's proposal for recommended installation; WHEREAS, on June 8, 2023, the Meridian Arts Commission reviewed the Artist's proposal, and recommends to the Meridian City Council that Artist's proposal be commissioned for full design, fabrication, and installation; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall design, fabricate, and deliver four(4)powder coated steel benches as described and depicted in Exhibit A, and shall provide all hardware and instructions to install such Artwork at Discovery Park, in Meridian, Idaho, in the specific location designated by the Meridian Arts and Culture Coordinator("Site"). Artwork design, fabrication, and delivery shall comply in all respects with established industry and engineering standards, Idaho Standards for Public Works Construction, all established policies and ordinances of the City of Meridian, and the direction of the Meridian Arts Commission, the Meridian Parks and Recreation Department and the Arts and Culture Coordinator. TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE I II. COMPENSATION. A. Total amount. The total payment to Artist for the design, fabrication, and delivery of the Artwork shall be twenty-five thousand dollars ($25,000.00). This amount shall constitute full compensation for any and all design, fabrication, delivery, and other services; travel; materials; shipping; contingency; commission; artist fee; and any and all other costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City invoices for services and/or materials provided pursuant to the payment schedule set forth herein, which City shall pay within thirty(30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. City Approval of Detailed Plan: $8,000.00 shall be paid to Artist within thirty(30) days of the Arts and Culture Coordinator's approval of Artist's detailed plan for design, fabrication, and delivery of the Artwork, and installation of the Artwork at the Site ("Detailed Plan"). The Detailed Plan shall include: a. Final Design; b. Detailed project timeline; c. Recommended plan for installation of footings and foundations; and d. Plan for transportation of artwork for delivery. 2. Completion of Fabrication of Artwork: $9,000 shall be paid to the Artist within thirty (30) days of Artists' completion of fabrication of the Artwork, which shall be defined as confirmation of fabrication with live video, or photos taken within the previous twenty- four(24) hours, demonstrating completion, and confirmation by the Arts and Culture Coordinator that the work is complete and meets the standards set forth in this Agreement and Artist's representations as set forth in the proposal set forth in Exhibit A. 3. Delivery of Artwork and Final Completion: $8,000.00 shall be paid to the Artist within thirty(30) days of Delivery of Artwork, which shall be defined as: a. Delivery of the completed Artwork, in coordination with and as confirmed by the Arts and Culture Coordinator; b. Final inspection and approval of Artwork by the Arts and Culture Coordinator and Meridian Parks and Recreation Department; and c. Artist's submission to the Arts and Culture Coordinator of a recommended maintenance plan for the Artwork; d. Execution of a mutually agreed-upon acceptance agreement, to include Artist's indemnification of City; express waiver of Artist's right, title, or interest in the Artwork; and waivers of lien from any and all sub-contractors and major materials suppliers; which agreement shall be prepared by the City Attorney's Office and approved by Meridian City Council; and TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 2 e. City Council's adoption of a resolution indicating that the City accepts the delivery of the Artwork as designed, fabricated, and delivered. III.TIME OF PERFORMANCE. A. Timeline. In addition to the benchmarks set forth in the timeline prepared by Artist as part of the Detailed Plan, the Parties shall meet the following deadlines: 1. By 5:00 p.m.,July 14, 2023: Artist shall submit to the Arts and Culture Coordinator the Detailed Plan. The Arts and Culture Coordinator shall review, request modifications as necessary, and approve the Detailed Plan, either as submitted or as modified pursuant to mutual agreement, within fourteen (14) days of receipt thereof. 2. By 5:00 p.m., September 15, 2023: Artist shall complete fabrication of the Artwork and obtain written approval of same by the Arts and Culture Coordinator. The Arts and Culture Coordinator shall approve, or approve as modified, the Artwork within seven(7) days of Artist's notice of such completion. Prior to issuing approval, the Arts and Culture Coordinator shall determine that the Artwork is in keeping with the standards set forth in this Agreement and with Artist's representations as set forth in the proposal set forth in Exhibit A, with the limited exception of non-material design refinements and/or improvements. 3. By 5:00 p.m., September 22, 2023: Artist shall be responsible for the delivery of Artwork to the Meridian Parks Shop at 1700 E Lanark St, Meridian, Idaho 83642. The Arts and Culture Coordinator may extend the date of delivery of Artwork for a reasonable amount of time only if such delay is due to circumstances and events beyond the control of Artist or pursuant to written mutual agreement by the Parties. 4. By 11:59 p.m., October 13, 2023: Provided that Artist has completed Final Completion, as provided herein, the Parties shall execute Final Acceptance of the Artwork. B. Time of the essence. The Parties acknowledge that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Inspection. Upon the Arts and Culture Coordinator's request, the Artist shall provide the Arts and Culture Coordinator and/or City with reasonable opportunities to review the progress of the Artwork to ensure compliance with the timeline and the proposal as described and depicted in Exhibit A hereto or as otherwise mutually agreed by the Parties in writing. If during such inspection, or in the course of the approval processes required herein, the Arts and Culture Coordinator or City concludes that the Artwork or any portion or component thereof do not conform to the timeline or to the proposal as described and depicted in Exhibit A hereto or as mutually agreed by the Parties in writing, notice of the specific non-conformity and request for Artist to address the specified non-conformity shall be given to Artist in writing as soon as practicable. Artist shall have fourteen(14) days to TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 3 address and correct any non-conformity. If,upon Arts and Culture Coordinator's re- inspection, the Arts and Culture Coordinator concludes that the Artwork or the nonconforming portion or component thereof remain nonconforming, termination procedures may commence. City's failure to disapprove in writing shall constitute presumptive approval of the Artwork as inspected. IV.MAINTENANCE AND REPAIR. A. Two years following Final Acceptance. Artist shall be fully responsible for all parts and workmanship of the Artwork for a period of two (2) years after City's Final Acceptance of the Artwork, and during such time shall replace any defective parts and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such period Artist shall not be required to replace or repair any damage to the Artwork caused by City's employees, by vandalism, or by an act of God. B. Determination of need for repair. At all times, including in the first two years following Final Acceptance, City shall make any and all determinations regarding whether the Artwork' parts and/or craftsmanship require maintenance, restoration, or repair. Artist may be asked to provide input regarding such matters, but all decisions regarding the need for maintenance, restoration, or repair shall be made by City. C. Maintenance, restoration, and repair. City shall provide basic maintenance, restoration, and repair of the Artwork at City's cost. In the event that the Artwork is damaged or destroyed, in whole or in part, City may, at its sole election, restore the Artwork, subject to receipt of any insurance proceeds and availability of sufficient funds. V. CREATION,INTEGRITY,AND OWNERSHIP OF ARTWORK. A. Waiver and relinquishment of rights.Artist expressly waives any and all right, title, or interest in artwork and other products created pursuant to this Agreement or project task order. Artist does not waive any right or interest protected by a patent issued to Artist by the U.S. Patent and Trademark Office on or before the effective date of a project task order, so long as, prior to execution of same, Artist provides to City written notice of the patent and a copy of same. Artist understands that this waiver shall include waivers of the exclusive rights of reproduction, adaptation,publication, and display. Artist specifically waives the right to claim any remedy concerning the alteration of any artwork or product created pursuant to this Agreement or project task order. Artist agrees to relinquish any and all rights, title, and interest to artwork or products developed in connection with this Agreement or project task order, and hereby expressly waives any rights Artist has to same, including, but not limited to, the rights afforded Artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 4 B. Territorial exclusivity. As to the Design(s) actually installed, Artist shall grant the City territorial exclusivity within the entire State of Idaho and other States within two hundred (200) miles of Meridian city limits. Artist shall retain all rights, title, and interests in Designs that City elects not to install. C. Ownership. Upon City's Final Acceptance, the Artwork shall be owned by City. Following Final Acceptance, City may remove the Artwork from the Site and/or move the Artwork to another location, at City's sole election and discretion. D. No copyright. Artist shall not make any claim to the copyright of the Artwork. E. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. F. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork, provided that reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. G. Models of Artwork. City shall at no time create any model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with Artist governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. Upon Final Completion, Artist shall not create any new model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with City governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. This provision shall not prevent Artist's creation of any model or mock-up for purposes of designing and/or engineering Artwork prior to Final Completion. H. Alteration of Artwork. If any alteration occurs to the Artwork after delivery, whether intentional or accidental and whether caused by City or others,upon written request of Artist, such Artwork shall no longer be represented to be the work of Artist, unless otherwise allowed by Artist in writing. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Artwork as provided for under Idaho or federal law, whether by statute or otherwise. I. Removal from display. City shall have the right to remove the Artwork from Site and/or from public display. In the event that City determines that the Artwork or any component thereof shall be sold, Artist shall be provided the first right of refusal to purchase the TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 5 Artwork or such component from City. Should Artist choose to purchase the Artwork pursuant to this provision, the price of the Artwork shall be the fair market value thereof. This provision shall expire upon the death of Artist and shall not be extended to Artist's estate unless City so elects. J. Subcontracting or assignment of obligations.Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise, including, but not limited to, such obligations as transport and delivery of the Artwork, and other obligations as outlined in Artist's proposal as set forth in Exhibit B. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. VI. INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or business invitees, occurring before City's Final Acceptance of the Artwork. B. Waiver. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. C. Insurance to be obtained by Artist. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, each and all of the following: I. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00)per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transporting, and delivering the Artwork and/or components or materials thereof, including coverage for owned, non-owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Idaho law, whichever is higher, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Upon completion of the sculptures, through City's Final Acceptance of Artwork, Artist shall procure and maintain, at Artist's own expense, in an all-risk form with limits of not less than fifty thousand($50,000), and any deductible not TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 6 to exceed five hundred dollars ($500) each loss, with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City's Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven(7) days of the Effective Date of this Agreement, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist's insurance agent shall notify City immediately. E. Insurance to be obtained by Artist's subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers' compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four(24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. Insurance to be obtained by City. City shall obtain all necessary property and commercial general liability insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Upon City's Final Acceptance of the Artwork, City shall obtain property insurance for the Artwork. G. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty(30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty(30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any verified additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 7 2. Default by Artist. In the event of termination for non-performance or default by Artist, except that caused by the death or incapacity of Artist, all finished and unfinished drawings,photographs,plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become City's property. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist's default or breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement for any reason at any time by providing fourteen(14) days' notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. In the event of termination caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs,plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become its property, and the right to fabricate and/or complete fabrication of the Artwork shall pass to City. Notwithstanding this provision, neither Artist nor Artist's estate shall be relieved of any liability for damages sustained by City attributable to Artist's default. City may reasonably withhold payments due to Artist or to Artist's estate until such time as the exact amount of damages due to City from Artist or Artist's estate is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist or Artist's estate of liability to City for damages. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent,joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Artist understands, acknowledges, and agrees: 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 8 2. Artist is engaged in an independently established trade, occupation,profession, or business. 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. Throughout the course of this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. G. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. L Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. J. Successors and Assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 9 K. Notice. Day-to-day communications between Artist and the Arts and Culture Coordinator may occur by telephone. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail or upon sending via e-mail, addressed as follows: Artist: Arts and Culture Coordinator: Colin Selig, Owner Cassandra Schiffler Colin Selig Sculpture LLC Parks and Recreation Department 1547 Palos Verdes 9315 33 E. Broadway Ave. Ste 206 Walnut Creek, CA 94597 Meridian ID 83642 infokcolinselia.com (208)489-0399 cschiffler*meridiancity.org Either party may change her/its address for the purpose of this provision by giving written notice of such change in the manner herein provided. L. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. M. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: Colin Selig CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 7-11-2023 Chris Johnson, City Clerk 7-11-2023 TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 10 r - N W i I d I i f e B e n c h e s Art Proposal for Discovery Park Colin Selig � 1 h #oil 1p Trout Bench Trout Bench Hawk Bench Hawk Bench Objectives: Design Concept: Placemaking: Capacity&Dimensions: Two pairs of mirrored wildlife In phase one construction native As functional objects benches Designed so that children can sit or benches will serve as whimsical species are emphasized in the create a sense of place by offering a climb on the armrests,these and functional sculptural children's play area.These spot in space for one or several benches have seats that are 50" elements that strengthen the benches continue that theme. related people to sit and relax. wide,enough room for two to three park's identity as a place of Based on a shared set of Paired benches offer additional people.They will be 33"tall by 30" learning,exploration and hemispherical armrests,the advantages for social interaction, deep with total widths between discovery.Their bright colors bring backrests have shapes which either among strangers or those 84-90". All openings will meet head a sense of vitality and playfulness. references trout and hawks. with larqer families. entrapment standards. Repurposed from salvage steel propane tanks,they are eco- Colors: friendly. - RAL3020 RAL5018 EXHIBIT l d l i f e B e n c h e S Art Proposal for Discovery Park Colin Selig Material: - Repurposed: -Fe - Regionally sourced scrap steel The tanks are carefully dissected and propane tanks are abundant the parts reassembled with no s t�, due to strict regulations additional reshaping of the material, limiting their service life. a process with a minimal carbon footprint. Durable: Comfortable: Made from curved steel with a wall --� fi The combination of curved seat thickness of 1/4 inch,a very sturdy - and curved backrest provides h` good lumbar support for a wide structure is created when the parts — range of body sizes,an are seam welded together.A quality powder coating seals the structure � ergonomic improvement over traditional metal benches with from the elements. flat seats and tilted backrests. Maintenance: Powder coat is a very durable surface that requires minimal maintenance beyond a periodic wipe down with soap and water to remove dust,grime, bird droppings,etc. It is designed to stand up to environmental conditions such as direct sunlight,fog, rain and snow. For public art commissions a high quality architectural grade super durable powder coating over a zinc rich epoxy primer is a tough and graffiti resistant coating.The coating should last 10-20 years,after which the objects can be re-coated at a relatively minimal cost.Waxing helps extend the life of the coating. Trout Bench front view Discovery Park Public Art Proposal , City of Meridian , ID www.colinselig.com Colin S e I i g +@cola 457.5060 infocolinselig.com 1547 Palos Verdes#315 Sculpture + Site Furnishings Walnut Creek,California 94597 Trout Bench rear view zoo" Discovery Park Public Art Proposal , City of Meridian , ID www.colinselig.com Colin Selig +@cola 457.5060 infocolinselig.com 1547 Palos Verdes#315 Sculpture + Site Furnishings Walnut Creek,California 94597 Trout Bench additional views r Discovery Park Public Art Proposal , City of Meridian , ID www.colinselig.com Colin Selig +@cola 457.5060 infocolinselig.com 1547 Palos Verdes#315 Sculpture + Site Furnishings Walnut Creek,California 94597 Hawk Bench front view r Discovery Park Public Art Proposal , City of Meridian , ID www.colinselig.com Colin Selig +@cola 457.5060 infocolinselig.com 1547 Palos Verdes#315 Sculpture + Site Furnishings Walnut Creek,California 94597 Hawk Bench rear view Discovery Park Public Art Proposal , City of Meridian , ID www.colinselig.com Colin Selig +@cola 457.5060 infocolinselig.com 1547 Palos Verdes#315 Sculpture + Site Furnishings Walnut Creek,California 94597 Hawk Bench additional views I Discovery Park Public Art Proposal , City of Meridian , ID www.colinselig.com Colin Selig +@cola 457.5060 infocolinselig.com 1547 Palos Verdes#315 Sculpture + Site Furnishings Walnut Creek,California 94597 Precedent Work Or Ind a , California Jill% Key West , Floridawk Discovery Park Public Art Proposal , City of Meridian , ID www.colinselig.com Colin Selig +1.92 457.5060 infocolinselig.com 1547 Palos Verdes#315 Sculpture + Site Furnishings Walnut Creek, California 94597 Budget Four Benches raw material 2,400 fabrication: labor and studio supplies 7,800 powder coat 2,800 crating 1,200 truck freight 2,800 installation (using local installer) 1,000 artist design &project mgmt fees 4,000 insurance&engineering costs 1,000 contingencies 2,000 -N* total 25,000 Discovery Park Public Art Proposal , City of Meridian , ID www.colinselig.com Colin Selig +@cola 457.5060 infocolinselig.com 1547 Palos Verdes#315 Sculpture + Site Furnishings Walnut Creek,California 94597 timeline Process Duration Fabrication 8- 10 weeks Powder coating (subcontractor) 3 weeks Crating& Delivery 3 weeks Installation 1 day Discovery Park Public Art Proposal , City of Meridian , ID www.colinselig.com Colin Selig +@cola 457.5060 infocolinselig.com 1547 Palos Verdes#315 Sculpture + Site Furnishings Walnut Creek,California 94597 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Task Order for Fabrication and Installation of Discovery Park Artwork: Fanfare Between Steven Parker and the City of Meridian for a Not-to-Exceed Amount of$50,000.00 TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK ARTWORK: FANFARE This TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK ARTWORK: FANFARE ("Agreement") is made this11thday of July , 2023 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Steven Parker LLC, a limited liability company organized under the laws of the state of Texas ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, City desires that public art will be a component of the phase II construction of Discovery Park, and to that end, requested that Artist to submit a proposal for a design of original interactive artwork to be installed at Discovery Park; WHEREAS,Artist and City have entered into a Master Agreement for Professional Services: Park Identities Public Art Roster("Master Agreement"), which establishes the terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of artwork, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; WHEREAS,Artist proposed the fabrication and installation of Fanfare, an interactive sculpture with reclaimed musical instruments and other materials, as generally depicted in Exhibit A hereto ("Artwork"); WHEREAS,project stakeholders representing the Meridian Parks and Recreation Department, and the Public Art Committee of the Meridian Arts Commission evaluated proposals submitted and selected Artist's proposal for recommended installation; WHEREAS, on June 8, 2023, the Meridian Arts Commission reviewed the Artist's proposal, and recommends to the Meridian City Council that Artist's proposal be commissioned for full design, fabrication, and installation; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall design, fabricate, and deliver one (1) interactive sculpture as described and depicted in Exhibit A, and an informational sign as generally depicted in Exhibit B, and shall install such Artwork and sign at Discovery Park. Artwork design, fabrication, and delivery shall comply in all respects with established industry and engineering standards, Idaho Standards for Public Works Construction, all established policies and ordinances of the City of Meridian, and the direction of the Meridian Arts Commission, the Meridian Parks and Recreation Department and the Arts and Culture Coordinator. TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE I II. COMPENSATION. A. Total amount. The total payment to Artist for the design, fabrication, and installation of the Artwork shall be fifty thousand dollars ($50,000.00). This amount shall constitute full compensation for any and all design, fabrication, delivery, and other services; travel; materials; shipping; contingency; commission; artist fee; and any and all other costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City invoices for services and/or materials provided pursuant to the payment schedule set forth herein, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: I. City Approval of Detailed Plan,Engineering Approval, and Other Items: $17,000.00 shall be paid to Artist within thirty(30) days of the Arts and Culture Coordinator's approval of Artist's detailed plan for design, fabrication, and installation of the Artwork at the Site ("Detailed Plan"); engineering approval; and a building permit application. The Detailed Plan shall include: a. Detailed project timeline; b. Detailed site plan for the location and positioning of installation of the Artwork at Site; c. Engineered, stamped plan for installation of footings and foundations; d. Plan for transportation of artwork to Site for delivery and installation; e. Plan for any site restoration regarding landscaping and utilities, if necessary; f. Plan for engaging an independent testing agency to test and inspect construction materials and methods, if necessary. g. Final construction drawings and structural calculations for Artwork,prepared and stamped by an engineer certified in the state of Idaho; h. Proof of application for a building permit from the City of Meridian Community Development Department/Building Division, and for any permits required by from the City of Meridian Community Development Department/Planning Division. i. Rendering or proof of the content of the informational sign to be installed with the Artwork. 2. Completion of Fabrication of Artwork: $16,000 shall be paid to the Artist within thirty (30) days of Artists' completion of fabrication of the Artwork and informational sign, as demonstrated to the Arts and Culture Coordinator and confirmed by the Arts and Culture Coordinator that the work meets the standards set forth in this Agreement and Artist's representations as set forth in the proposal set forth in Exhibit A. 3. Final Completion and Final Acceptance: $17,000.00 shall be paid to the Artist within thirty(30) days of Final Completion and Final Acceptance. Final Completion shall be defined as: a. Complete installation of the completed Artwork and informational sign at the Site, in coordination with and as confirmed by the Arts and Culture Coordinator; TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 2 b. Artist's submission to the Arts and Culture Coordinator of a report from an independent testing agency approving construction materials and methods, if requested; c. Final inspection and approval of the installation of Artwork at the Site by the Arts and Culture Coordinator and City Building Official; d. Artist's submission to the Arts and Culture Coordinator of a recommended maintenance plan for the Artwork; e. Execution of a mutually agreed-upon acceptance agreement to include Artist's indemnification of City; express waiver of Artist's right, title, or interest in the Artwork; and waivers of lien from any and all sub-contractors and major materials suppliers; which agreement shall be prepared by the City Attorney's Office; and Final Acceptance, which shall be defined as: f. Meridian City Council's approval and execution of the acceptance agreement; and g. City Council's adoption of a resolution indicating that the City accepts the delivery of the Artwork as designed, fabricated, and installed. III.TIME OF PERFORMANCE. A. Timeline. In addition to the benchmarks set forth in the timeline prepared by Artist as part of the Detailed Plan, the Parties shall meet the following deadlines: I. By 5:00 p.m.,July 14, 2023: Artist shall submit to the Arts and Culture Coordinator the Detailed Plan. The Arts and Culture Coordinator shall review, request modifications as necessary, and approve the Detailed Plan, either as submitted or as modified pursuant to mutual agreement, within fourteen (14) days of receipt thereof. Artist shall submit to the Arts and Culture Coordinator the final construction drawings and engineered structural calculations for Artwork and proof of application for any and all applicable building and planning permits. By this date, Artist shall also coordinate with the Arts and Culture Coordinator to determine placement of the Artwork at the Site. 2. By 5:00 p.m., September 8, 2023: Artist shall complete fabrication of the Artwork and obtain written approval of same by the Arts and Culture Coordinator. The Arts and Culture Coordinator shall approve, or approve as modified, the Artwork within seven (7) days of Artist's notice of such completion. Prior to issuing approval, the Arts and Culture Coordinator shall determine that the Artwork is in keeping with the standards set forth in this Agreement and with Artist's representations as set forth in the proposal set forth in Exhibit A, with the limited exception of non-material design refinements and/or improvements. 3. By 5:00 p.m., September 29, 2023: Artist shall be responsible for installation of Artwork at the Site. The Arts and Culture Coordinator may extend the date of installation of Artwork for a reasonable amount of time only if such delay is due to circumstances and events beyond the control of Artist or pursuant to a written agreement by the Parties. 4. By 11:59 p.m., October 13, 2023: Provided that Artist has completed Final Completion, as provided herein, the Parties shall execute Final Acceptance of the Artwork. B. Time of the essence. The Parties acknowledge that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 3 of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Inspection. Upon the Arts and Culture Coordinator's request, the Artist shall provide the Arts and Culture Coordinator and/or City with reasonable opportunities to review the progress of the Artwork to ensure compliance with the timeline and the proposal as described and depicted in Exhibit A hereto or as otherwise mutually agreed by the Parties in writing. If during such inspection, or in the course of the approval processes required herein, the Arts and Culture Coordinator or City concludes that the Artwork or any portion or component thereof do not conform to the timeline or to the proposal as described and depicted in Exhibit A hereto or as mutually agreed by the Parties in writing, notice of the specific non-conformity and request for Artist to address the specified non-conformity shall be given to Artist in writing as soon as practicable. Artist shall have fourteen(14) days to address and correct any non-conformity. If, upon Arts and Culture Coordinator's re-inspection, the Arts and Culture Coordinator concludes that the Artwork or the nonconforming portion or component thereof remain nonconforming, termination procedures may commence. City's failure to disapprove in writing shall constitute presumptive approval of the Artwork as inspected. IV.MAINTENANCE AND REPAIR. A. Two years following Final Acceptance. Artist shall be fully responsible for all parts and workmanship of the Artwork for a period of two (2) years after City's Final Acceptance of the Artwork, and during such time shall replace any defective parts and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such period Artist shall not be required to replace or repair any damage to the Artwork caused by City's employees, by vandalism, or by an act of God. B. Determination of need for repair. At all times, including in the first two years following Final Acceptance, City shall make any and all determinations regarding whether the Artwork' parts and/or craftsmanship require maintenance, restoration, or repair. Artist may be asked to provide input regarding such matters, but all decisions regarding the need for maintenance, restoration, or repair shall be made by City. C. Maintenance, restoration, and repair. City shall provide basic maintenance, restoration, and repair of the Artwork at City's cost. In the event that the Artwork is damaged or destroyed, in whole or in part, City may, at its sole election, restore the Artwork, subject to receipt of any insurance proceeds and availability of sufficient funds. V. CREATION,INTEGRITY,AND OWNERSHIP OF ARTWORK. A. Waiver and relinquishment of rights. Between Artist's Final Completion and City's Final Acceptance, Artist shall expressly waive any and all right, title, or interest in the Artwork. Artist understands that this waiver shall include waivers of the rights of reproduction, adaptation,publication, and display, except as otherwise permitted by this Agreement. Artist agrees to relinquish any and all rights, title, and interest to the Artwork developed in connection with this Agreement, and hereby expressly waives any rights Artist has to the Artwork, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 4 Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. B. Limited edition. Artwork shall be one of a limited edition of one (1). Artist warrants and represents that the Artwork designed, fabricated, and installed pursuant to this Agreement has never heretofore been designed, fabricated, installed, created,published, or copied and that Artist is the sole creator and owner of all rights in the Artwork and the design thereof. C. Ownership. Upon City's Final Acceptance, the Artwork shall be owned by City. Following Final Acceptance, City may remove the Artwork from the Site and/or move the Artwork to another location, at City's sole election and discretion. D. No copyright. Artist shall not make any claim to the copyright of the Artwork. E. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. F. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork,provided that reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. G. Models of Artwork. City shall at no time create any model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with Artist governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. Upon Final Completion, Artist shall not create any new model, maquette, replica, copy, or any other three- dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with City governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. This provision shall not prevent Artist's creation of any model or mock-up for purposes of designing and/or engineering Artwork prior to Final Completion. H. Alteration of Artwork. If any alteration occurs to the Artwork after installation, whether intentional or accidental and whether caused by City or others,upon written request of Artist, such Artwork shall no longer be represented to be the work of Artist, unless otherwise allowed by Artist in writing. Other than as specified herein, Artist specifically waives the right to claim TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 5 any other remedy concerning the alteration of the Artwork as provided for under Idaho or federal law, whether by statute or otherwise. I. Removal from display. City shall have the right to remove the Artwork from Site and/or from public display. In the event that City determines that the Artwork or any component thereof shall be sold, Artist shall be provided the first right of refusal to purchase the Artwork or such component from City. Should Artist choose to purchase the Artwork pursuant to this provision, the price of the Artwork shall be the fair market value thereof. This provision shall expire upon the death of Artist and shall not be extended to Artist's estate unless City so elects. J. Subcontracting or assignment of obligations.Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise, including, but not limited to, such obligations as transport and installation of the Artwork, and other obligations as outlined in Artist's proposal as set forth in Exhibit B. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. VI. INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or business invitees, occurring before City's Final Acceptance of the Artwork. B. Waiver. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. C. Insurance to be obtained by Artist. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00)per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or components or materials thereof, including coverage for owned, non-owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Idaho law, whichever is higher, to cover any and all persons employed by Artist. TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 6 3. Insurance of Artwork. Upon completion of the sculptures, through City's Final Acceptance of Artwork, Artist shall procure and maintain, at Artist's own expense, in an all-risk form with limits of not less than fifty thousand($50,000), and any deductible not to exceed five hundred dollars ($500) each loss, with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City's Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven(7) days of the Effective Date of this Agreement, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist's insurance agent shall notify City immediately. E. Insurance to be obtained by Artist's subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers' compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four(24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. Insurance to be obtained by City. City shall obtain all necessary property and commercial general liability insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Upon City's Final Acceptance of the Artwork, City shall obtain property insurance for the Artwork. G. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty(30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any verified additional services and materials actually performed TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 7 or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist, except that caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs,plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become City's property. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist's default or breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement for any reason at any time by providing fourteen(14) days' notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. In the event of termination caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs,plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become its property, and the right to fabricate and/or complete fabrication of the Artwork shall pass to City. Notwithstanding this provision, neither Artist nor Artist's estate shall be relieved of any liability for damages sustained by City attributable to Artist's default. City may reasonably withhold payments due to Artist or to Artist's estate until such time as the exact amount of damages due to City from Artist or Artist's estate is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist or Artist's estate of liability to City for damages. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent,joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Artist understands, acknowledges, and agrees: 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 8 2. Artist is engaged in an independently established trade, occupation,profession, or business. 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. Throughout the course of this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Costs and attorneys' fees. If either party brings any action or proceedings to enforce,protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. G. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Interpretation.Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. I. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. J. Successors and Assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. K. Notice. Day-to-day communications between Artist and the Arts and Culture Coordinator may occur by telephone. Any and all notice required to be provided by either of the Parties hereto, TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 9 unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail or upon sending via e-mail, addressed as follows: Artist: Arts and Culture Coordinator: Steven Parker Cassandra Schiffler Steven Parker LLC Parks and Recreation Department 12026 Wycliff Lane 33 E. Broadway Ave. Ste 206 Austin TX, 78727 Meridian ID 83642 steven.c.parker(a mail.com (208)489-0399 cschiffler@meridiancity.org Either party may change her/its address for the purpose of this provision by giving written notice of such change in the manner herein provided. L. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. M. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. ARTIS teven Parker CITY OF MERIDIAN: BY: Attest: Robert E. Simison,Mayor 7-11-2023 Chris Johnson, City Clerk 7-11-2023 TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 10 I r� EXHIBIT A WO AW + *; f 404 it ,q% '� { f erg ian Pro osa s Steve Parker,, artist + .p �`' �' • N APPF • I Past work mm � t nw­ lilt Ok e , SO tie i - ill v mm Av . : Tf a : xm toom 9 Fkf a A t. mm 2 � 3 m A " .. m i° iiii ,�i m`i.. .. s����• «-�` •,. x�$�', II dull I +�. -: ,, ,,,,. •-:".`. .gym ,.,,, m I i F _ MW MI ��- — ��� . m A Azl • : ,- ,aid", - E m . �a i. E� " : W tP AIR - II ' t � i t r m _ v'L_ _ a i d 0*6 if'o \" ~ ` its 1090 n ! y • 41 ✓ Y Ala * • , as - , • • • r i AM 1 r I .,NNW 1 . ��, - , ff , �'1r + -tl �,•� r + �' a tR. ! 1 :,+i` .r , h � a'. y ,�r;}. 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I .. •..Tr t- C� 1 '�, .�. •' - � '• '=1 '"'•� i `�'Tf t +,' ♦ 1, � •I• r �,� *"�,.-.`D� �i/ 1 L •�� •_ • ff.L;'irk - �} , - '� ^. � � .7�`•�T .� �-1� - •�. ,� _ . n••. /, J•^+t 1. . >� s /A ( 1 wI ar. i , r* . +•3 i• !' R "•- t • ! r 1! •_ ••c "73L _t •T:t • !, ` +i .(w. ' jr"C1tt1 ! ,!/ r '• `) t>'•• +1 � :.{ `.'i :R + ;f,,£I r 't . �, I ', �� ^'1 ,V.}"'s' +•,p�c.� `r-► ` 4. ,X���w.^ -`�' ''}?�T _`� •,.`:•! ; ```. '1►. ' ' r�'i` t t+� r {� !'' M. - \a .! +•�:� �i�v ? �. J ti ..�••f y�1,'('.�i � 1 ♦_r�•r'a � �•'. _. � ' � .a�: �. r 'lf r� � .. t• � � , , �. _ ♦ � : � _ L � Design : Fanfare ............. .................... FANFARE NARRATIVE •���=;;:;�r:: - Fanfare is an interactive sculpture that works likes a telescope for your ears. Modeled after obsolete acoustic locators of the 1930s (pictured here in B&W photos), Fanfare is made from reclaimed and repurposed brass instruments that have been outfitted with additional tubin and brass headphones. The brass instruments reference the whimsical bells of antique "squeeze bu�" horns found on bikes in the 19th century. - - Rather than produce music, these sculptures highlight and amplify existing sounds that are already present. To use the sculpture, a passerby simply places their ear up to the brass headphone along the main sculpture support and listens. When used, the object helps a person focus their listening on - - --.- — - -� specific, far away sounds that they may have been otherwise ignored. This project aims to help people engage in the simple, yet profound act of intentional listening. Additionally, it aims to heighten public awareness of the rich natural soundscape of Meridian. Meridian possesses a dynamic and constantly changing soundtrack: at any given moment a person can hear the songs of migrant birds, the undulations of insects, and other living creatures. Listening more attentively can bring our senses into greater focus. T My sculptures are made from durable steel and brass, suitable for any climate. All sculptures are ADA compliant, intuitive, and suitable for people of all ages. _ r T \� Rotations T � � '8 1 it Dimensions w Vinyl coated aircraft cable reclaimed brass instruments strapped to frame Materials Reclaimed brass Hot rolled steel Copper pipes & fasteners square tubing 1.5"x1.5" Hot rolled steel Vinyl coated steel aircraft cable High performance enamel paint Timeline copper pipes! 3/5" diameter Final Design completed : 2 months after contract executed hot rolled steel Stamped engineering plan : 6 weeks Square tubing srxs' Fabrication of artwork: 4 months Artwork installed : 2 days { - - I Concrete pad 18" above grade - please refer to engineering design UPPER SPLICE REFER TO 3/S1.1 LJJ o TUBE AND FOOTING t� �� H5Slx7x3f8x1'-0" H55fix6x1/4 a z 1 4 12"CD i 4 ��—"„ #4 x[a 12" O.C. (7) 5 EA WAY d EA. SIDE 10 z= TOOLED CORNER TUBE I TYP. TUBE AND BASE sv N N I M 3/4" CHAMFER ON _ HSS6x5x1/4 VERTICAL EDGES, TYP. 1/4 HSS7x7x3/8 ' 3" CLR. 3" CLR. I SLEEVE 1p N it FIN_GRADE TUBE AND BASE SPLICE COORD. SSE ; ELEVATION W/ DESIGNER 3/4"x15'x15` 3/4"0 A307 #5 EA. WAY wf (4) 1"0 x 2'-5" 2" TYP. ERECTION BOLT F1554 (GR36) ANCHOR ROD 1f4 �IfhX SQ. 1 DETAIL 2 DETAIL 3 DETAIL 3/4" = 1'-0. FOOTING 1 1/2" = 1'-0" BASE R & ANCHOR RODS 314" = 1'-4" UPPER SPLICE CONNECTION 1/2"x8"x8" BRG R W/ (4) 518"0 x 5" EMBEDMENT HILTI KWIK HUS — EZ CARBON STEEL SCREW ANCHOR N 2 1 1 J2- TYP. 4' " V LL d� OUTSIDE EDGE OF FOOTING 4 DETAIL 3/4" = 1'—O" BEARING PLATE Foundation Desin g FEES quantity cost/item Artist Fee(20%) $10,000 Structural engineer $5,000 Documentation $500 SUBTOTAL FEES $15,500 TRAV Roundtrip airfare $500 Lodging(according to GSA rates) 7 167 $1,670 Per diem(according to GSA rates) 7 64 $640 SUBqMTAL T;7V'1 $2,810 Sculpture frame(materials&fabrication) 1 14000 $10,000 Assembly&straps $2,290 Salvaged brass $2,000 Brass fabrication $4,000 Copper pipes&fittings $1,000 Stainless steel aircraft wire $900 SUBTOTAL FABRICATION $20,190 INSTALLATION Transport of Artwork(Austin to Meridian) $6,000 Footing installation&installer labor $2,000 SUBTOTAL INSTALLATION $8,000 OVERHEAD General Liability $1,000 SUBTOTAL OVERHEAD $1,000 ALL EXPENSES SUBTOTAL 47500 5%contingency 2500 GRAND TOTAL 50000 BALANCE W 0 EXHIBIT B E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Master License Agreement Between the City of Meridian and Crown Castle Fiber, LLC, for the Use of Licensor Property in Connection with the Operation of a Wireless Network MASTER LICENSE AGREEMENT BETWEEN CITY OF MERIDIAN AND CROWN CASTLE FIBER,LLC FOR THE USE OF LICENSOR PROPERTY IN CONNECTION WITH THE OPERATION OF A WIRELESS NETWORK This Agreement is made and entered on this day of_ _, 2023 by the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("Licensor" or "City") and Crown Castle Fiber, LLC, a New York Iimited liability company ("Licensee"). Licensor and Licensee may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS This Agreement is made with reference to the following Recitals, each of which is deemed to be a material term and provision of this Agreement: A. Licensor is a municipal corporation organized and existing under the laws of the State of Idaho to be addressed at 33 E. Broadway Avenue, Meridian, Idaho 83642. B. Licensor is the owner of certain Street Lights located in the public right-of-way situated within the city limits of Meridian, Idaho ("ROW"). C. Licensee is duly organized and existing under the laws of the State of New York and is authorized to conduct business in the State of Idaho. D. Licensee desires to construct, operate and maintain communications sites on Licensor-owned Street Lights situated in the ROW and, for such purpose, desires to locate, place, attach, install, operate, control, replace, and maintain antennas and other related wireless communications equipment consistent with small cell technology on Licensor-owned Street Lights in the ROW. E. Licensee will agree to comply with Licensor's use requirements as provided herein. F. Licensee is willing to reasonably compensate Licensor in exchange for a grant and right to use and physically occupy portions of the Street Lights as provided herein. AGREEMENT 1. Definjjj9M.ARdExhib is, 1.1. Definitions. For the purposes of this Agreement and all Exhibits attached hereto, the following terms, phrases, words and derivations shall have the meaning given herein. (A) Agreement means this Master License Agreement for the Use of Licensor Property in Connection with the Operation of a Wireless Network. (B) Annual Fee means that Street Light attachment fee described in,Section 4 of this Agreement. 1 (C) Application Fee means the Site License application fee described in SQction_A of this Agreement. (D) Business Day means a day other than a Saturday, Sunday or other day on which commercial banks in the County of Ada are authorized or required to close. (E) City means City of Meridian, Idaho. (F) Code means Licensor's Policies, Regulations, and Ordinances, as they may be amended, supplemented, or repealed from time to time. (G) Commencement Date means the effective date specified.in each Site License. (H) Lquiprnent means: (i) Small Cell antennas and other wireless communications equipment utilizing small cell technology that is specifically identified and described in Exhibit l attached to each Site License (as defined below). (ii) broadband bacichaul transmission facilities, whether provided by landline communications infrastructure(including, without limitation, fiber, conduit and related equipment and improvements) ("Landline Bacichaul Equipment") and/or wireless communications infrastructure (including, without limitation, wireless microwave and related cables, wires, equipment and improvements) ("Wireless Bacichaul Equipment") that interconnects with wireless communication equipment at the point-of-demarcation and is for the purpose of providing bacichaul service; and (iii) the transmission media attached, mounted, or installed on a Street Light in the ROW, in addition to control boxes, cables, conduit, power sources, and other equipment, structures, plant, and appurtenances between the transmission media and the point- of-demarcation for the purpose of providing wireless communication service. (I) Hazardous Substance means any substance, chemical or waste that is identified as hazardous or toxic in any applicable federal, state or local law or regulation, including but not limited to petroleum products and asbestos. (J) Interference means Physical Interference and Radio Frequency Interference. (K) Laws means any and all applicable local, state, and federal statutes, constitutions, ordinances, resolutions, regulations,judicial decisions, rules, permits, approvals or other applicable requirements of the Licensor or other governmental entity or agency having joint or several jurisdiction over Licensee's activities under this Agreement or having jurisdiction that is applicable to any aspect of this Agreement, including the Code (as defined above), that are in force on date of the execution of this Agreement, and as they may be lawfully enacted, issued or amended during the term of this Agreement. (L) Losses means any and all claims, demands and losses, including reasonable attorneys' fees and costs of defense. 2 (1tiI) Permit means a permit issued and described in accordance with Laws, which is used to regulate, monitor and control improvement, construction or excavation activities,or other work or activity, occurring upon or otherwise affecting the Street Lights or the ROW. (N) Physical Interference means where equipment, vegetation or a structure causes reduced use of another's prior mounted equipment, or an obstruction in a necessary line-of- sight path. (0) Radio Frequency Interference means the radiation or conduction of radio frequency energy (or electronic noise) produced by electrical and electronic devices at levels that interfere with the operation of adjacent equipment. (P) ROW means the surface of and the space above and below the public roads, streets and alley right-of-way, and public utility easements or other public ways of any type whatsoever, now or hereafter located and existing within the city limits, whether or not improved. (Q) Site License means the form of the license granted by this Agreement, described in Section 2 below, and shown on Fxhibit A. and includes all additions and modifications to the extent approved by Licensor as set forth in Section 2 below. (R) Small Cell means compact communication sites in a mobile network but providing a smaller coverage area than traditional macrocells. (S) 'Perm means the period that this Agreement is in effect as described in_Sgctiorl 3_1 of this Agreement. (T) Street Lights means Licensor-owned poles and fixtures located within the ROW that are designated or approved by Licensor as being suitable for placement of Equipment. The term Street Lights, as used herein, shall not include decorative Street Lights, as designated by Licensor. 1.2. Exhibits. The following numbered documents, which are occasionally referred to in this Agreement, are formally incorporated and made part of this Agreement by this reference: (a) Exhibit A: Site License (plus attached exhibits). (b) Exhibit B: Insurance. In the event of any conflict or ambiguity between this Agreement, including the above-referenced exhibits (the "Exhibits"), and any other agreement between Licensor and Licensee, this Agreement, together with the Exhibits, shall govern and prevail. In the event of any conflict or ambiguity between this Agreement,including the Exhibits, and any Site License, this Agreement shall govern and prevail. 2. Side_ icense-Granted-and Terms. 2.1. Scope. Licensor, acting in its proprietary capacity as the owner of Street Lights in the ROW,does grant(subject to Section 3 below)to Licensee a nonexclusive,revocable license to use Street Lights to attach, install, operate,maintain, upgrade,remove,reattach, reinstall, relocate and replace the Equipment that may be required or desired to operate a Small Cell (the "Site License"). This grant is subject to the terms, conditions and other provisions set forth in this Agreement;to applicable provisions 3 of the Code; applicable required Permits and all applicable Laws and reasonable regulations of any regulatory agency having competent jurisdiction. This Agreement it is not intended to, and shall not, preclude or impede the ability of Licensor to enter into other similar agreements in the future allowing third parties to also use the Street Lights, or the ability of Licensor to redesign, reconstruct, relocate, maintain and improve its Street Lights as it determines, in its sole discretion,is appropriate in accordance with applicable Law. The Parties contemplate that any Site Licenses requested by Licensee shall only become effective upon the written approval of Licensor and after such execution shall be subject to the terms of this Agreement. 2.2. Use of Licensor Pronertv._ The Site License, if and when approved by Licensor, allows Licensee to access, occupy and use allocated available space on each of the Street Lights in Exhibit I to the Site License to attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace the Equipment, as identified in such Exhibit 1. solely for the purpose of Licensee operating a Small Cell ("Use"). The list of Street Lights in Exhibit 1 may be amended or modified by an agreement in writing signed by the Parties. The Site License also allows the installation, operation and maintenance of Licensee-owned ground based,pad mounted equipment cabinets and/or power pedestals needed for the operation of Equipment attached to any of the Street Lights, together with any related conduit, cable or wiring,with the location of any such cabinet or pedestal determined in connection with the issuance of a Permit by City,Ada County Highway District,and other applicable entities,as required by Law.Licensee shall have access to the Street Lights upon which Equipment is installed 24 hours a day, 7 days a week, subject to all limitations and other provisions of this Agreement including,without limitation,Section 2.3 below. 2.3. Limitations on Use.Except as otherwise expressly provided herein,the Site License does not authorize Licensee to: (a) Occupy or use any poles,improvements or structures of any kind,whether within or without the ROW, other than the items identified as Street Lights shown in Exhibit attached to a Site License; (b) Enter upon public property and attach,install,operate,maintain,upgrade,remove, reattach,reinstall,relocate and;orreplace any item ofF.,quipment in or onpoles or other structures not owned by Licensor and located within the ROW; (c) Occupy or use the ROW to the exclusion of Licensor for any use within Licensor's jurisdiction, authority and discretion or of others to the extent authorized by law to use the ROW. If the ROW has been opened as a public Highway(as used in the Agreement the term "Highway" is as defined in Idaho Code§40-109(5))Licensee's authorized use is subject to the rights of the public to use the ROW for highway purposes; (d) Interfere with the rights of holders of easements of record or obvious on inspection of the ROW and statutory rights of utilities to use the public ROW,as is more particularly set forth in Section 7.14 of this Agreement;or (e) Take any action that would jeopardize the structural integrity of Licensoe's Street Lights,conflict with Licensoe's operations,or interfere with the public's access or use of the ROW. 2.4, Alterations. If Licensee proposes to install Equipment which is different in any material way from the then-existing and approved Equipment, then Licensee shall notify an authorized 4 representative of the Licensor of the proposed changes and obtain Licensor's written approval to make such change. In addition to any other submittal requirements,and if requested by Licensor,Licensee shall provide "load" (structural) calculations for all Street Lights upon which it intends to modify Equipment in the ROW. Notwithstanding the foregoing, Licensee may modify its Equipment with like-kind or similar Equipment without prior written approval of the Licensor, so long as it: (i)does not differ in any material way from the then-existing and approved Equipment; (ii) does not jeopardize the structural integrity of Licensor's Street Lights or interfere with Licensor's operations; and (iii) does not interfere with the public's access or use of the ROW. 3. _of.-Site.- ur 1 Termination, r Aban i�.nmenL _Fx 3.1 Agreement Term. This Agreement shall be in effect for a period of twenty(20)years commencing on the date that this Agreement is fully executed(the "Execution Date") and expiring on the twentieth (20th) anniversary of the Execution Date(unless sooner cancelled or terminated as provided in this section) (the "'Perm"). 3.2 Site License Term, F,ach Site I.,icense shall be in effect f'or a period of five(5)years commencing on the "Commencement Date" determined in accordance with each Site License, and expiring on the day belbre the fifth(5th) anniversary of the Commencement Date unless sooner cancelled or terminated as provided herein(the "Site License Term"). Provided that Licensee is not in material breach of the Site License or this Agreement,and that this Agreement has not expired or been terminated, the Site License Term will automatically be extended for up to three(3)successive five(5) year periods (each,a"Renewal Term"), with the first five(5)year extension of the Site License'Perm commencing immediately upon the expiration of the initial period of the Site License Term,and each additional live- year extension of the Site License Term commencing immediately upon the expiration of the preceding additional period of the'Perm unless notice of non-extension is provided to Licensor by Licensee prior to the commencement of the succeeding Renewal Term. All of the provisions of this Agreement shall be in effect during the Site License Term and any extension of the Site License Term. Notwithstanding anything to the contrary contained herein,each Site License shall automatically terminate when this Agreement expires(or if this Agreement is cancelled or terminated as provided in this section). 3.3. Licensor'Fermi nation. This Agreement and all Site Licenses may only be cancelled or terminated as provided in this Agreement or any Site License. Licensor may terminate any Site License Without Cause(defined below) before the date of expiration by providing the Licensee with one hundred eighty (180) days express written notice of termination. In addition, Licensor may immediately terminate this Agreement or any Site License immediately With Cause upon written notice to Licensee. Upon termination of this Agreement and all Site Licenses, Licensor may record a Revocation of Agreement for the Use of Licensor Property in the Official Real Property Records of Ada County, Idaho. If any Site License is terminated by Licensor Without Cause under this Section 3.3 prior to its expiration, Licensor agrees to refund the unearned pro rata portion of any amounts paid to Licensor by Licensee in advance.As used herein, the term "With Cause" shall mean any Default by Licensee (as defined in Section 17), and "Without Cause" shall mean a determination by Licensor that the termination of a Site License is required for Licensor's operations or necessitated by future planned projects. Licensor will exercise reasonable efforts to avoid terminating any Site License so long as Licensee agrees to relocate the Equipment to an acceptable location approved by Licensor and such arrangement is documented in a new or amended Site License. 5 3.4. Abandonment,If Licensee abandons the use of a Street Lights location for a period of six (6) or more consecutive months, the Equipment for such Street Lights shall be removed at the expense of Licensee and the Site License Term shall be deemed to have expired. In the event Licensee is unable or refuses to remove such Equipment when requested by Licensor, Licensor may authorize removal and Licensee shall be responsible for all costs incurred for such removal. Alternatively, Licensor may elect to take title to abandoned property,provided that Licensee shall submit to Licensor,at Licensee's expense, an instrument satisfactory to Licensor transferring to Licensor the ownership of such property.The provisions of this Section shall survive the expiration or earlier termination of thisAgreement. 3.5. Licensee Termination. Licensee's Use is contingent upon Licensee obtaining all of the certificates, Permits and other approvals (collectively the "Governmental Approvals") that may be required by any federal, state or local authorities (collectively, "Governmental Entities") as well as a satisfactory structural analysis of any Street Lights or other structures that will permit Licensee's Use. Licensor shall cooperate with Licensee in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to Licensee's Use. The Governmental Approvals shall be a condition precedent to Licensee's signature of a Site License. In the event that: (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner;andlor(iv) Licensee determines that the Governmental Approvals do not meet its requirements (including cost), Licensee shall have the right to terminate the applicable Site License upon written notice to Licensor. Notwithstanding anything to the contrary contained herein, Licensee shall have the right to terminate any Site License for convenience on one hundred eighty(1 b0) days' notice to Licensor. In the event of such termination, Licensee shall remove its Facilities and Equipment in accordance with Section 20 below and.l.,icensor shall retain any rent paid to such date. 4. Fees and C`harizes. Licensee shall be solely responsible for the payment of all fees and charges in connection with Licensee's performance under this Agreement, including those set fsrth as follows: 4.1. _annual Street Light Attachment Fee: Application Fee. As of the Commencement Date for each Site License, Licensee shall pay to Licensor an Annual Fee equal to$270.00 per site location for the use of each Street Light by Licensee pursuant to a Site License, in order for I.,icensee to occupy and use space on the Street Lights. The Annual Fees provided herein shall apply to any Site Licenses approved as of the mutual execution of this Agreement, which shall automatically be adjusted in accordance Section 4.11a1 as set forth herein, and shall apply to any Site Licenses approved hereafter. The Annual Fees for Site Licenses approved by Licensor shall be paid per Street Light location, are non-refundable, and are due and payable within forty-five (45) days of the initial Commencement Date for each Site License, and on or before each subsequent annual anniversary of the Commencement late during the Site License "term (or until such earlier time as such Site License is terminated). Upon agreement of the Parties, Licensee may pay the Annual Fee by electronic funds transfer and in such event, Licensor agrees to provide to Licensee bank routing information for such purpose upon request of Licensee. Additionally, I.,icensee will pay Licensor a $500.00 Application Fee for a single application that may include up to five Street Lights, with an additional $100 Application Fee for each Street Light beyond five. The application will include engineering drawings and a structural analysis stamped by a licensed professional engineer,along with facility site elevations. Licensor will make a good faith effort to respond to Licensee concerning each application within thirty(30) days of receipt from Licensee providing its approval. Upon such approval, 6 and after Licensee obtains all required Governmental Approvals, Licensee will prepare, sign and transmit a Site License for the locations in such application to Licensor; and Licensor shall then countersign and return the Site License to Licensee. Licensee acknowledges and agrees that the Annual Fees and each Site License Application Fee specified herein is reasonable and lawful. (a) Effective on the first anniversary of the Commencement Date of any Site License term, and continuing annually thereafter during the applicable Site License term, the applicable Annual Fee shall be increased by two percent (2%) over the Annual Fee paid for the immediately preceding year. 4.2. Permit. No payment is collected under this Agreement for any Permit issued in connection with the installation of Equipment on any Street Light. Permit requirements, fees and charges are solely governed by the requirements imposed by the Code and shall be paid by Licensee accordingly. Fees and charges for any such Permit usually are collected at the time such a Permit is applied for and issued. 4.3. Taxes. Licensee shall pay all applicable local, state, or federal taxes levied, assessed, or imposed by reason of this Agreement or those related to any of Licensee's Equipment and/or provided services. 4.4. Electric meter.Licensee shall install or cause to be installed, at Licensee's cost,a separate electric meter on a ground mounted pedestal or on Licensee's pad mounted equipment cabinet as required by the electric provider for the operation of its Equipment. Licensee's electric meter shall not, under any circumstances, interfere with Licensor's operations. Licensee shall be responsible for paying all charges for any electricity furnished by a utility furnishing service to the Equipment. 4.5. Payments Made. All fees and%or additional payments shall be payable to Licensor at City of Meridian, 33 E. Broadway Ave, Meridian, Idaho, 33642 attention: Finance; or via electronic transfer to Licensor; or to such other places as Licensor may designate in writing. All payments shall be in lawful money-of the United States of America. 4.6. Interest. In the event of default by Licensee on any payment owed pursuant to this Agreement or any Site License, the unpaid sum shall bear interest from the date the same became due at the rate equaltothe lesser of twelve percent(12%) per annum or at the highest rate permitted under the laws of the State of Idaho. 4.7. Late Charges. Licensee acknowledges that late payment by Licensee to Licensor of sums due under this Agreement will cause Licensor to incur costs not contemplated by this Agreement, the exact amount of which will be difficult to ascertain. Accordingly, if payment of any sum due from Licensee shall not be received by Licensor within 10 days after the due date, then Licensee shall pay to Licensor a late fee equal to ten (10%) of such overdue amount. The parties agree that such late charges represent a fair and reasonable estimate of the costs that Licensor will incur by reason of the late payment by Licensee. Acceptance of such late charges by the Licensor shall in no event constitute a waiver of Licensee's default with respect to such overdue amount, nor prevent Licensor from exercising any of the other rights and remedies granted in this Agreement. 5. Additional License and Permits Required by Code. To the extent not in contravention of any applicable Law, all of the Equipment will be installed, operated and maintained by or on behalf of Licensee in accordance with applicable provisions of the Code regulating wireless communications facilities. Licensee or its designee may be required to apply for and obtain a Permit for work performed 7 within the ROW.Licensee's operation of the Equipment and work performed in the ROW shall not,under any circumstances, interfere with the public use of the ROW. Execution of this Agreement or any Site License does not constitute the issuance of a Permit. In the event of any discrepancy between the terms of this Agreement and a Permit,the Permit shall control. 6. Basic Design and Installation Requirements for Using Street Lights. The basic design of the Equipment shall be described in Exhibit 1 to each Site License. All of Licensee's construction and installation work for its Equipment on the Street Lights shall be performed at Licensee's sole cost and expense and in a good and workmanlike manner. When Licensee and Licensor have agreed on an existing Street Light location as a suitable site for Licensee's Equipment, but the existing Licensor- owned Street Light needs to be replaced to accommodate the Equipment, then Licensee shall pay all costs related to replacing the Licensor-owned Street Light, including but not limited to installation of the replacement Street Light (the "'Replacement Street Light") and/or other items attached to the existing Licensor-owned Street Light to the Replacement Street Light, and removal and salvage of the existing Licensor-owned Street Light to the Licensor. Payment of the replacement costs does not provide Licensee with any ownership interest in the Replacement Street Light. Licensor will be deemed to own the original Licensor-owned Street Light and the Replacement Street bight. The installation or attachment of the Equipment using the Replacement Street Light shall be at Licensee's sole cost and expense. 7. Common Conditions or Requirements Applicable to Site Licenses Issued tinder this Agreement. 7.1. Submission of Plans and Specifications. For each installation,Licensee or its designee shall submit plans and specifications for City review and approval. 7.2. Siting Priority Preference. Locations shall be prioritized based upon Licensee's technical and radio frequency needs and construction costs. 7.3. Aesthetics. Equipment placement shall minimize negative impacts to the aesthetics of the Street Light. 7.4. Residential Neighborhoods. Buildings of Special Interest.Other Limitations. (1) Siting of Small Wireless Facilities within Residential Zoned Neighborhoods. (a) When placed near residential property,the Small Wireless Facilities shall be placed in a manner that minimizes visual impacts equitably among adjacent properties. (b) Small Wireless Facilities shall not be located within 20 feet of the closest exterior wall of the habitable portion(excluding porches,garages,and similar structures not typically considered to be the habitable portion of a home)of a residential building in a residential zoning district unless Licensee demonstrates that compliance with this requirement would be technically infeasible. (c) Licensee shall consult with Idaho Power for residential locations as needed. 8 (d) In addition, in areas zoned as residential, no two small wireless facilities owned by Licensee shall be located within 600 feet of one another. Licensor may exempt Licensee from this requirement if: (i) Licensee demonstrates through technical network documentation that the minimum separation requirement cannot be satisfied for technical reasons (e.g. the minimum separation requirement will not result in effective coverage of the area), or (ii) Licensor determines, when considering the surrounding topography; the nature of adjacent uses and nearby properties; and the height of existing structures in the vicinity, that placement of a small cell wireless facility at a distance less than 600 feet from another small wireless facility owned by Licensee in the public ROW will meet the intent of reducing visibility and visual clutter of Small Wireless Facilities. (2) When placing a Small Wireless Facility adjacent to a building listed on the National Register of Historic Places or otherwise designated as a historic place by a federal,state, or local governmental entity, care shall be taken to locate the Equipment such that it does not negatively impact the building. 7.5. Americans with Disabilities Act("ADA")Compliance.All Equipment shall be located such that it meets ADA requirements and in addition: (1) No encroachments shall reduce pedestrian clear space below 60 inches. (2) Any Equipment placed next to a Street Light in the sidewalk must be placed on the side of the Street Light with the minimum impact to pedestrian clear space without impeding access to pedestrian push buttons and other accessible infrastructure. 7.6. Damage to Property. If Licensee damages or disturbs the surface or subsurface of any ROW or adjoining property, pole, streetlight fixture, or other public improvement, in the exercise of the rights granted through this Agreement, Licensee will promptly, at its own expense, and in a manner acceptable to City, in City's sole discretion, repair the damage or disturbance immediately. 7.7. Public Emerizency. In the event of an emergency or to protect the public health or safety,prior to City accessing or performing any work on a Street Light on which Licensee has installed Equipment, City may require Licensee to deactivate such Equipment. In such case, City will contact Licensee to request immediate deactivation. 7.8. Street Light Maintenance and Replacement. (a) Licensee hereby acknowledges that Licensee shall bear all risk of loss in connection with: (i) damaged, downed or deteriorated Street Lights and Equipment where such damage is caused by Licensee or any other person, entity, or party, except to the extent such damage is caused solely by the negligence of City; (ii)the performance by Licensee of all maintenance and repair required under this Agreement, or the failure or neglect to perform such maintenance and repair; and/or (iii) repair or maintenance necessitated by Licensee's design, installation or use of the Equipment. If a Street Light 9 needs replacement or repair in order to hold Equipment due to the occurrence of any or a combination of clauses (i), Q and LiL above, Licensee shall replace the same at Licensee's cost within a timeframe reasonably determined by City and upon City's approval. (b) In the event City needs to perform maintenance on a Street Light,City may require Licensee to deactivate such Equipment if any of the City's employees or agents must move closer to the equipment than the FCC recommended minimum distance. In such case, City will contact Licensee to request deactivation. (c) Licensee may reinstall its equipment once a Replacement Street Light is installed and functioning as approved in writing by City. (d) Licensee shall have the right to temporarily use an alternate street light for its operation during the replacement period at a location reasonably acceptable to City and Licensee. (e) In the event City is responsible for replacing the Street Light, City shall only be responsible for the cost of a standard Street Light, and Licensee shall be responsible for any cost to customize the Street Light to Licensee's specifications. 7.9. Removal and Relocation. (a) Licensee understands and acknowledges that City may require Licensee to relocate one or more of its Equipment installations. Licensee shall at City's direction and upon ninety(90) days prior written notice to Licensee, relocate such Equipment at Licensee's sole cost and expense whenever City reasonably determines that the relocation is needed for a public use. In such case, City shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location. If Licensee fails to relocate any Equipment as requested by the City in accordance with the foregoing provision,City(i)may treat such failure as a Default under Section 17 or(ii) may remove or relocate the Equipment at Licensee's sole cost and expense, without further notice to Licensee. If City elects to remove or relocate the Equipment in accordance with the foregoing clause Q, Licensee shall pay to the City as applicable actual costs and expenses incurred by City in performing any removal work and any storage of Licensee's property after removal within thirty(30)days of the date of a written demand for this payment from City. (b) In the event Licensee desires to relocate any Equipment from one Street Light to another, Licensee shall so advise City. City may, in the sole discretion of City, use reasonable efforts to accommodate Licensee, at Licensee's cost, by making another reasonably equivalent Street Light available for use in accordance with and subject to the terms and conditions of this Agreement and to Section 7.1 above. 7.10. Compliance with Law Required. The work done by Licensee in connection with the installation, construction, maintenance, repair, and operation of Equipment on Street Lights within the ROW shall be subject to and governed by all pertinent local and state Laws, including Ada County Highway District ROW regulations, that are applicable to ensuring the work done does not unduly inconvenience the public in the use of the surface of the streets and sidewalks. 7.11. Identification of Utility Lines. Prior to beginning any excavation or boring project, Licensee shall engage an utility locator service. Licensee has the responsibility to protect and support the various utility facilities of other providers while conducting construction, installation, and maintenance operations. 10 7.12. Submission of Engineering Plans. In conformance with paragraph 4_1, and prior to installation, Licensee shall submit engineering plans to the City Engineer or Designee for review and approval. 7.13. Non-exclusiveness. The rights and privileges granted to Licensee under this Agreement, and each Site License described herein,are non-exclusive. 7.14. Non-interference. The following provisions shall apply to ensure and/or avoid Interference (both Physical Interference and Radio Frequency Interference)resulting from Licensee's installation,operation and/or maintenance of its Equipment; (a) RF Interference. Licensee shall ensure that the Equipment will not cause Radio Frequency Interference with wireless communication facilities or devices, cable television, broadcast radio or television systems, satellite broadcast systems, or traffic, public access or safety, or other communications signal equipment, except as expressly permitted by the provisions of any Site License. (b) Existing and Future Uses. Licensee shall not interfere in any manner with the uses within the ROW,including but not limited to sanitary sewers,fiber optics, water mains,storm drains,gas mains, poles, aerial and underground electric and telephone wires, streetlight fixtures, cable television, and other telecommunications, utility, and municipal property without the express written approval of the owner(s) of the affected property or properties. (c) City Communications. Licensee shall not interfere in any manner with current or future equipment or communications of City. (d) City Interference. City reserves the right, but not the obligation, to maintain and operate its Street Lights in such reasonable manner as will best enable it to fulfill its own service requirements or obligations. However,City agrees that it will, to the extent practicable, install only such equipment that is of the type and frequency which will not cause harmful Radio Frequency Interference to the then existing Equipment of Licensee which is measurable in accordance with then existing industry standards, but only to the extent Licensee has (i) provided City with prior written notice of any such equipment that could cause such harms,and(ii) demonstrated to City a high degree of certainty that such equipment could cause such harm, as determined in the sole discretion of City. (e) Remedies. Without limiting any other rights or remedies,if interference occurs and continues for a period in excess of twenty-four(24) hours following notice to Licensee, Licensee shall reduce power or cease operations of the interfering equipment until the interference is cured. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this ection 7 and therefore City shall have the right to equitable remedies such as, without limitation, injunctive relief and specific performance. 8. Damage to Licensee's Eauipment. In the event of any damage to Licensee's Equipment, Licensor shall have no liability or responsibility to repair the same unless such damage arose from the sole negligence or willful misconduct of Licensor, its employees, agents, or contractors; provided however, in such case, Licensor's liability shall be limited to the cost to repair or replace the same. 9. Title and Ownership. 11 9.1. Title to Street Lights. Title to the Street Lights shall remain with Licensor. Subject to abandonment as set forth in Section 3.6 hereinabove, title to the Equipment, exclusive of the Street Light (original or replacement) used fsr support, but including ground mounted equipment, shall remain with Licensee and shall constitute Licensee's personal property and equipment, and not fixtures or improvements attached to the land. 9.2. No Ownership in licensor Prol2ertk. Neither this Agreement, nor any license issued herein, nor any Permit separately issued for installation of any Equipment, regardless of the payment of any fees and charges, shall create or vest in Licensee any ownership or property rights in any portion or elements of the Street Lights, the underlying real property on which any Licensor-owned Street Lights or any Equipment is located, or any portion of the ROW. Additionally, except as otherwise expressly provided herein, Licensee acknowledges that this Agreement does not constitute or create a leasehold interest or right to the benefit of any Licensor property or portion thereof. Nothing contained in this Agreement shall be construed to compel Licensor to construct, retain, extend, place, or maintain any Street Lights or other facilities for the benefit of Licensee which are not needed for Licensor's own service requirements. 9.3. "As Is" Condition. Licensee accepts the Street Lights identified in any Site License, or any Replacement Street Light, in its"AS IS"condition,without representation or warranty of any kind by Licensor, or any Licensor officer, agent, or employee, and subject to all applicable laws, rules and ordinances governing the use of the Licensor Street Lights. 10. Reserved. 11. Waiver and Estoppel Statement by Licensee:Licensee acknowledges and agrees that the license granted under this Agreement is a permissive use pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that Licensee has expended funds pursuant to and in connection with this Agreement, and this Agreement may not be in effect for a period (if terminated pursuant to the provisions hereof) sufficient for Licensee to realize the economic benefit from such expenditures. Licensee further acknowledges and agrees that it is solely responsible for obtaining the approval of any local agencies with jurisdiction over Licensee's use of the ROW, including, but not limited to, the Ada County Highway District. 12. Maintenance and Repair, Subject to Section 7. Licensor shall maintain and keep the Street Lights containing Equipment in accordance with Licensor's standard maintenance requirements,at its sole cost and expense.Licensee shall keep the Equipment and other improvements by Licensee on the Street Light,if any, in good repair at its sole cost and expense. 13. Hazardous Substances.Except due to the gross negligence or willful misconduct of the Licensor, its officers, officials and employees Licensee shall be solely responsible for and shall indemnify and hold harmless Licensor,its respective directors,officers,employees,agents,successors,and assigns from and against any and all loss, damage, cost, expense or liability directly or indirectly arising out of or attributable to the use,generation,storage,release,threatened release,discharge,disposal,or presence of Hazardous Substances on,resulting from the activities of or contamination by Licensee including without limitation: (a) all damages; (b)the costs of any required or necessary repair, cleanup or detoxification of the property;and(c)all reasonable costs and expenses incurred by the Licensor in connection therewith, including but not limited to reasonable attorneys' fees.Licensee's obligations pursuant to this paragraph shall survive the termination of this Agreement. 12 14. Waiver and Indemnity. t4.1. Waiver of Claims. Licensee waives any and all claims, demands, causes of action and rights it may assert against the Licensor on account of any loss, damage, or injury to any Equipment as a result of any event or occurrence which is beyond the reasonable control of Licensor. 14.2. Limitation of Licensor's Liability. If damages to the Street Lights or ROW results from any fire,or other casualty of the kind covered by standard fire insurance policies with extended coverage, except as caused solely by Licensor's, its employees', agents' or contractors' negligence or willful misconduct, then Licensee shall be responsible for all damages resulting from such to the extent due to Licensee's use of the Street Lights or ROW. Licensor is not responsible for maintaining any separate policy f'or fire coverage related to Licensee's use of its Equipment. Licensee shall be responsible for all costs related to damage to the Equipment except as caused by Licensors, its employees', agents' or contractors'sole negligence or willful misconduct. 14.3. Indemnity. To the extent allowed under Idaho law, including,without limitation,Article VIII,section 4 of the Idaho Constitution,each Party shall indemnify,defend,and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. In addition, Licensee shall indemnify, defend, and hold Licensor harmless from and against any claim of liability or loss from personal injury or property damage relating to, resulting from, or arising out of Licensee's Equipment, except to the extent such claim,damages,or injury is caused by the sole negligence or willful misconduct of Licensor. The indemnified Party will provide the indemnifying Party with prompt, written notice of any claim covered by this indemnification; provided that any failure of the indemnified Party to provide any such notice, or to provide it promptly, shall not relieve the indemnifying Party from its indemnification obligation in respect of such claim, expect to the extent the indemnifying Party can establish actual prejudice and direct damages a, a result thereof. The indemnified Party will cooperate appropriately with the indemnifying Party in connection with the indemnifying Party's defense of such claim. The indemnifying Party shall defend any indemnified Party, at the indemnified Party's request, against any claim with counsel reasonably satisfactory to the indemnified Party. The indemnifying Party shall not settle or compromise any such claim or consent to the entry of any judgment without the prior written consent of each indemnified Party and without an unconditional release of all claims by each claimant or plaintiff in favor of each indemnified Party. 1.4.4. Reserved. 15. Insurance Requirements. 15.1. Licensee's Insurance.. Licensee shall procure and maintain insurance in the amounts and form specified in attached Exhi i E. 15.2. Certificates. If a Certificate of Insurance or Self-Insurance is submitted as verification of coverage, Licensor will reasonably rely upon the Certificate as evidence of coverage but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the required policies expire during the life of this Agreement,Licensee must forward renewal or replacement Certificates to Licensor within fifteen (15) Business lays after the renewal date containing all the necessary insurance provisions. 13 16. Assi2nment/Suhlettin2. 16.1. It is expressly agreed and understood by and between the parties hereto, that Licensee will not have the right to assign, sublease, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of Licensor, which consent shall not be unreasonably withheld, conditioned, or denied.Notwithstanding the foregoing,Licensee shall remain as a guarantor of its assignee's obligations under this Agreement, and approval by Licensor of any assignment shall be conditioned upon written confirmation that Licensee will remain as such in a form reasonably acceptable to Licensor. 162. Any non-permitted transfer or assignment of the right to attach EMuipment to a Licensor-owned Street Light shall be void and not merely voidable. Licensor may, in its sole discretion and in addition to all other lawful remedies available to Licensor under this Agreement, collect any fees owed from Licensee all without prejudicing any other right or remedy of Licensor under this Agreement.No cure or grace periods shall apply to transfers or assignment prohibited by this Agreement or to the enforcement of any provisions of this Agreement against a transferee or assignee who did not receive Licensor's consent. 16.3. Notwithstanding anything to the contrary in this Section 16, without any approval or consent of Licensor,this Agreement andior any Site License may be sold,assigned or transferred by Licensee to:(i) any entity in which Licensee directly or indirectly holds an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in Licensee; or(iii)any entity directly or indirectly under common control with Licensee. Licensee may assign this Agreement and/or any Site License to any entity which acquires all or substantially all of Licensee's assets in the market defined by the FCC in which the Street Lights are located by reason of a merger, acquisition or other business reorganization without approval or consent of Licensor. 17. Default. It is a "Default" if either party fails to comply with this Agreement or any Site License and does not remedy the failure within thirty(30) days after written notice by the other Party or, if the failure cannot reasonably be remedied in such time, if the defaulting party does not commence a remedy within the allotted thirty(30) days and diligently pursue the cure to completion within sixty (60) days after the initial written notice. 18. Termination/Revocation. In the event of a Default, without limiting the non-defaulting payment in the exercise of any right or remedy which such party may have by reason of such Default, the non-defaulting party may terminate this Agreement if the Default affects all Site Licenses and the Agreement as a whole,or any Site License subject to the Default, andior pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the State of Idaho. Further, upon a Default,the non-defaulting party may at its option(but without obligation to do so), perform the defaulting party's duty or obligation. The costs and expenses of any such performance by the non-defaulting party shall be due and payable by the defaulting party upon invoice therefor. 19. Records and Audits, (a) Required Records. Licensee will maintain complete records pursuant to applicable federal, state and local Laws. Upon reasonable request by Licensor, and within fifteen(15) business days' notice to Licensee at the notice addresses, Licensee will provide Licensor with a report- but no more frequently than once a year- that includes at least the following information: (i)a list of 14 all Site Licenses; (ii)the location of all of Licensee's Equipment; and(iii) a summary of all Annual Fees and Application Fees and any other amounts paid by Licensee or due and owing to Licensor to date. Licensor may require such applicable additional reasonable non-confidential information, records and documents from Licensee from time to time as are appropriate in order to reasonably monitor compliance with the terms of this Agreement. Additionally, Licensor may require Licensee to collect reasonable supplementary information as needed. (b) Production of Records. Licensee shall provide such records within thirty (30) Business Days of a request by Licensor for production of the same unless additional time is reasonably needed by Licensee, in which case,Licensee shall have such reasonable time as needed for the production of the same. Such records shall be made available in Ada County, Idaho. If any person other than Licensee maintains records on Licensee's behalf, Licensee shall be responsible for making such records available to Licensor for auditing purposes pursuant to this Section 19. 20. Surrender. Within sixty (60) days of the expiration of any Site License Term, or upon the earlier termination thereof,Licensee shall remove all Equipment attached or ground mounted,at its sole expense,shall repair any damage to the Street Lights or the ROW caused by such removal,and shall restore the Street Lights to the condition in which they existed prior to the installation of the Equipment, reasonable wear and tear and loss by casualty or other causes beyond Licensee's control excepted. 21, Notices. Any notice, request, demand, statement, or consent herein required or permitted to be given by either.Party to the other hereunder,shall be in writing signed by or on behalf of the Warty giving the notice and addressed to the other at the address as set forth below: Licensee Crown Castle Fiber,LLC c/o Crown Castle 2000 Corporate Drive Canonsburg, PA 1 53 1 7-8564 Attn: Teddy Adams, General Counsel Licensor City of Meridian 33 E. Broadway Ave Meridian, Idaho 83642 Attention: City Engineer Each Party may by notice in writing change its address for the purpose of this Agreement,which address shall thereafter be used in place of the former address. Each notice, demand, request, or communication which shall be mailed to any of the aforesaid shall be deemed sufficiently given,served, or sent for all purposes hereunder: (i) two Business Days after it shall be mailed by United States registered or certified mail,postage prepaid and return receipt requested, in any post office or branch post office regularly maintained by the United States Postal Service; (ii) upon personal delivery; or (iii) one Business Day after deposit with any recognized commercial air courier or express service. Any communication made by e-mail or similar method shall not constitute notice pursuant to this Agreement. 22. !Miscellaneous. 15 22.1. Entire Agreement, This Agreement constitutes the entire agreement and understanding between the Parties, and supersedes all negotiations, understandings or agreements. Any amendments to this Agreement must be in writing and executed by both Parties. 22.2. Severability. If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 22.3. Governing Law. This Agreement shall be governed by the Laws of the State of Idaho without regard to choice of law rules. Should the Laws of the State of Idaho be amended with respect to the siting,placement, modification or construction of wireless facilities(including, but not limited to,the types of facilities described herein), the Parties shall modify the terms of this Agreement to confirm to such laws. 22.4 Jurisdiction and Venue. THE PROVISIONS OF THE AGIUEiMENT SHALL BE CONSTRUED UNDER,AND IN ACCORDANCE WITH, THE LAWS OF THE STATE OF IDAHO, AND ALL OBLIGATIONS OF THE PARTIES CREATED HEREUNTDF,R SHALL BE PERFORINLED IN ADA COUNTY, IDAHO. THEREFORE, IN THE EVENT ANY COURT ACTION IS BROUGHT DIRECTLY OR INDIRECTLY BY REASON OF THIS AGREEMENT, THE COURTS OF ADA COUNTY, IDAHO SHALL HAVE JURISDICTION OVER THE DISPUTE AND PROPER VENUE SHALL BE IN ADA COUNTY. 22.5. Exhibits. All Exhibits referred to and attached to this Agreement are incorporated herein by reference. 22.6. Authority to Execute. Any individual executing this Agreement on behalf of or as representative for a corporation or other person, partnership or entity,represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such party, and this Agreement is binding upon such party in accordance with its terms. Licensor hereby designates, and authorizes, its City Engineer to execute all Site Licenses entered into under this Agreement. This designation and authorization may be changed by Licensor upon written notice to I.,icensee. 22.7. No Waiver, A Party shall not be excused from complying with any of the terms and conditions of this Agreement by any failure of a Party upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. 22.8. Foree Majeure. With respect to any provisions of this Agreement, the violation or non- compliance of any term of this Agreement which could result in the imposition of a financial penalty, liquidated damages, forfeiture or other sanction upon a Party, such violation or non-compliance shall be excused where such violation or non-compliance is the result of acts of God,war,civil disturbance,strike or other labor unrest, or other events, the occurrence of which was not reasonably foreseeable by such Party and is beyond such Party's reasonable control. 22.9. Limitation of Liability. Except for indemnifications pursuant to Sections 13 and 1.4, neither Party shall be liable to the other,or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental,punitive, indirect,special or consequential damages (as further provided in;4ection_L4).loss of data, or interruption or loss of use 16 of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 22.10. Non-F,xclusive Remedies No provision in this Agreement made for the purpose of securing enforcement of the terms and conditions of this Agreement shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies herein provided are deemed to becumulative. 22.11. No"Third-Part-Beneficiaries.It is not intended by any of the provisions of this Agreement to create for the public, or any member thereof, a third-party beneficiary right or remedy,or to authorize anyone to maintain a suit for personal injuries or property damage pursuant to the provisions of this Agreement. The duties, obligations and responsibilities of Licensor with respect to third parties shall remain as imposed by Idaho law. 22.12. :Time is of the Essence. Time is of the essence with regard to the performance of all of I.,icensee's obligations under this Agreement. 22.13, Attorneys' Dees. Should any dispute arising out of this Agreement lead to litigation,the prevailing party shall be entitled to recover its costs of suit, including (without limitation) reasonable attorneys' fees. 22.14. Contacting Licensee. Licensee shall be available to Licensor, its officers,employees and agents 24 hours a day, seven days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Equipment. Licensor, its officers, employees and agents may contact by telephone the network control center operator regarding such problems or complaints. 22.15. A i1iropriations by Licensor. Article VIII, Section 3 of the Constitution of the State of Idaho provides that "[n]o county, city, board of education, or school district,or other subdivision of the state shall incur any indebtedness, or liability, in any manner, or for any purpose,exceeding in that year, the income and revenue provided for it in such year,without the assent of two thirds(2/3)of the qualified electors thereof voting at an election to be held for that purpose.. .. Any indebtedness or liability incurred contrary to this provision shall be void." Licensee therefore acknowledges that notwithstanding any other provision of this Agreement, no obligation assumed by or imposed upon Licensor by this Agreement shall require the performance of any act by Licensor except to the extent that the cost and expense of such performance may be paid by funds legally available to Licensor to meet the cost and expense of such performance, as determined by Licensor. Licensee further acknowledges that this Agreement shall not be construed as obligating Licensor to make future appropriations for the performance of any obligations hereunder beyond those obligations expressly set forth herein. 22.16. Non-Discrimination. Licensee agrees not to engage in employment practices that discriminate against any employee or applicant for employment based on race, color, religion, national origin, sex, sexual orientation, gender identity, veteran status, age, disability, or political belief or affiliation,unless exempted by state or federal law.In the event non-compliance occurs with this Section, Licensee, upon written notification by Licensor, shall commence compliance procedures within thirty (30)days. 17 22.17. No Partnershin or Joint Venture.The relationship between Licensor and Licensee is at all times solely that of licensor and licensee, not that of partners or joint venturers. 22.18. Incorporation of Recitals. The recitals set forth hereinabove are hereby incorporated as if set forth inM. 22.19. Cony. of Agreement. A copy of this Agreement shall be maintained by Licensor and made available for public records requests in accordance with applicable Law. [Signature page follows] 18 EXECUTED to be effective as of the date shown above . LICENSOR: LICENSEE : City of Meridian Crown Castle Fiber, LLC By : By Pri N e : Robe E. imison Print ame : bran M Fre"&-b 5 Its : Mayor Its : Sc viSCXr , Connor Vt &AA-&5e t -Vfm I �I 19 EXHIBIT A Form of Site License This Site License ("Site License"), made this --day of 20 ("Effective Date") between City of!Meridian, with an address of City of Meridian 33 E. Broadway Ave, Meridian Idaho, 83642, Attn: City Engineer, hereinafter designated "Licensor" and Crown Castle Fiber, LLC, a New York limited liability company,with its principal offices at 2000 Corporate Drive,Canonsburg,PA 1 53 1 7-8564 hereinafter designated "Licensee": 1. Site License. This is Site.License as referenced in that certain Master License Agreement for the Use of Licensor Property in Connection with the Operation of a Wireless Network, between Licensor and Licensee dated —_,20_("Agreement"). All of the terms and conditions of the Agreement are incorporated hereby by reference and made a part hereofwithout the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Site License, the terms of this Site License shall govern. Capitalized terms used in this Site License shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Pro4ect Description and Locations. Licensee shall have the right to use the designated Street Light(s) for Equipment as further described in Exhibit 1 attached hereto(the "Licensed Area!'). 3. Equipment.The Equipment to be installed at the Licensed Area is described in Exhibit I attached hereto. 4. Term. The term of this Site License shall be as set forth in Section 3 of the Agreement. 5. Fees.The initial Annual Fee for the term of this Site License shall be as determined in accordance with Section 4.1 of the Agreement, and as adjusted by Section 4 of the Agreement. The Application Fee paid upon submission of the request for this Site License by Licensee shall be as set forth in Section 4.1 of the Agreement, and Licensee confirms the prior payment to Licensor of the Application Fee upon submittal of the draft of this Site License. 6. Commencement Date. The first day of the month following the date Licensee has commenced installation of its Equipment at the Licensed Area. 7. Approvals/Fiber. It is understood and agreed that Licensee's ability to use the Licensed Area is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee use of the Licensed Area as set forth above. In the event that: (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner;(iv)Licensee determines that it will be unable to obtain in a satisfactory manner, or maintain any fiber or power connection; or (v) Licensee determines that the Licensed Area is no longer technically compatible for its use,Licensee shall have the right to terminate this Site License. Notice of Licensee's exercise of its right to terminate shall be given A-1 to Licensor in v Titing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by Licensee, or upon such later date as designated by Licensee. All rentals paid to said termination date shall be retained by Licensor. Upon such termination, this Site License shall be of no further force or effect except to the extent of the representations,warranties and indemnities made by each party to the other hereunder. Otherwise, Licensee shall have no further obligations for the payment of Fees to Licensor. [Signature page follows] A-2 EXECUTE)to be effective as of the date shown above. LICENSOR: LICENSEE: City of'Meridian Crown Castle Fiber, LLC By: -- -- -- By: Print Name: Print Name: Its: � � Its: A-3 Exhibit 1 Licensed Area and Description of Equipment to be Installed A-4 EX HIBIT,.11 Licensee's Insurance Requirements A. Prior to performing work under this Agreement, Licensee shall furnish Licensor a certificate of insurance on a standard insurance industry ACORI form or its equivalent. The insurance coverage required must be issued by an insurer licensed, authorized or permitted to transact business in the State of Idaho, possessing a current A.M. Best, Inc.rating of A-VII or better. B. Licensee shall, and shall require any of its contractors or subcontractors to obtain and maintain substantially the same coverage as required of Licensee, procure and maintain, until all of their obligations have been discharged the insurances set forth below. C. The insurance requirements set forth in no way limit the indemnity covenants contained in this Agreement. D. Licensor in no way warrants that the insurance limits contained in this Agreement are sufficient to protect Licensee .from liabilities that might arise out of the performance of this Agreement by Licensee, and Licensee is free to purchase any additional insurance as may be determined necessary. E. Failure to demand evidence of full compliance with the insurance requirements in this Agreement or failure to identify any insurance deficiency will not relieve Licensee from, nor will it be considered a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 2. Scone and Limits of Insurance. Licensee shall provide coverage with limits of liability stated below. A. Commercial General Liabilitv-Occurrence Form. Licensee must maintain Commercial General Liability insurance with a limit of$2,000,000 per occurrence for bodily injury and property damage and$4,000,000 general aggregate including premises-operations,products and completed operations, independent contractor, contractual liability, personal injury and advertising injury. B. Commercial Automobile Liability._Licensee must maintain Commercial Automobile Liability insurance in the amount of$1,000,000 combined single limit each accident for bodily injury and property damage covering all of Licensee owned, hired and/or non-owned vehicles assigned to or used in the performance of Licensee's work or activities under this Agreement. C. Workers Compensation an4i Emplovers Liability Insurance. Licensee must maintain Workers Compensation insurance in compliance with the statutory requirements of the state of operation and Employer's Liability with a limit of$1,000,000 for each accident; $1,000,000 disease for each employee; $1,000,000 disease-policy limit. B-1 D_ Builders' Risk/Installation Floater_Imuranee. Builders' Risk;Tnstallation Floater Insurance must be maintained until completion of any construction activities ("Work"). (a) The Builders Risk/Installation Floater insurance must include as named insureds, Licensor, Licensee, and all tiers of contractors and others with an insurable interest in the Work. (b) The Licensee is responsible for payment of all deductibles under the Builders' Risk/Installation Floater insurance policy. 3. Ado itionat Policy.Yrovisions Ream ed. A. Miscellaneous Provisions- (1) Licensee's insurance coverage must be primary insurance with respect to Licensor, its officers, officials and employees. Any insurance or self-insurance maintained by Licensor, its officers, officials and employees shall be in excess of the coverage provided by Licensee and must not contribute to it. (2) Licensee's insurance must 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. (3) The policies must contain a severability of interest clause and the workers compensation will contain a waiver of subrogation against Licensor, its officers, officials and employees. (4) Licensee is required to maintain Commercial General Liability insurance as specified in this Agreement.Licensee must submit a Certificate of Insurance evidencing Commercial General Liability insurance evidencing the insurance requirement and, including the required Additional Insureds set forth herein. (5) If a Certificate of Insurance is submitted as verification of coverage,Licensor will reasonably rely upon the Certificate of Insurance as evidence of coverage but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. (6) Upon receipt of notice from its insurer, Licensee shall use commercially reasonable efforts to provide the Licensor with thirty (30) days prior written notice of cancellation. Such notice shall be sent directly to Licensor. B. Licensor as Additional Insured The above-referenced policies shall, excluding workers compensation and employer's liability, include the Licensor, its officers, officials and employees as additional insureds as their interest may appear under this Agreement with respect to liability arising out of activities performed by Licensee. B-2 E IDIAN.;--- Public Presentations and Documents CCCROWN Crown Castle 1505 Westlake Avenue North CASTLE Sulte 8o0 Seattle,WA 98109 July 11, 2023 Mayor Robert Simison Councilmember Brad Hoaglun, Council President Councilmember Joe Borton, Council Vice President Councilmember Liz Strader Councilmember John Overton Councilmember Jessica Perreault Councilmember Luke Cavener Via Electronic Submittal at commentPmeridiancity.org Dear Mayor Simison and members of the City Council, Thank you for the opportunity to present written comment to you regarding item #15 on the July 11, 2023, City Council work session agenda. Specifically, agenda item #15 approves a master license agreement between the City of Meridian and Crown Castle for the use of city property in connection with the operation of a wireless network. As wireless technology becomes an ever-present part of our lives, it is essential that we have infrastructure in place to support it.Whenever you make a call, check sports scores on the go,track how many steps you walked or stream music and video, we are the ones providing the communications infrastructure that makes it all possible. In fact, access to technology and information is no longer considered a luxury— it is a necessity. Crown Castle is the nation's largest provider of shared communications infrastructure - connecting people and businesses to essential data, technology & broadband services (including wireless and wireline). We construct, operate and maintain wireless broadband for a variety of customers across the country, including the wireless carriers, K-12 school districts, local governments, universities and internet service providers. As a provider of vital communications services, we strive to deploy broadband to improve the quality of life for all Idaho residents, regardless of income level or geographic location. To that end, Crown Castle is eager to work with the City of Meridian to commence construction of a small cell network in Meridian and neighboring cities. Approval of the master license agreement is the first step toward improving critical wireless services in your community. We urge your support of agenda item #15, the master license agreement between the City of Meridian and Crown Castle. Thank you, Sincerely, Kathy ,putt Kathy Putt External Affairs— PNW Crown Castle Kathy.putt@crowncastle.com The pathway to possible. CrcwnCastle.com E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Master License Agreement Between the City of Meridian and Verizon Wireless for the Use of Licensor Property in Connection with the Operation of a Wireless Network MASTER LICENSE AGREEMENT BETWEEN CITY OF MERIDIAN AND VERIZON WIRELESS FOR THE USE OF LICENSOR PROPERTY IN CONNECTION WITH THE OPERATION OF A WIRELESS NETWORK This Agreement is made and entered on this day of_ , 2023 by the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("Licensor" or "City") and Cellco Partnership d/b/a Verizon Wireless ("Licensee"), One Verizon Way; Mail Stop 4AW100 Basking Ridge,NJ 07920. Licensor and Licensee may be referred to herein individually as a "Party" or collectively as the"Parties." RECITALS This Agreement is made with reference to the following Recitals, each of which is deemed to be a material term and provision of this Agreement: A. Licensor is a municipal corporation organized and existing under the laws of the State of Idaho to be addressed at 33 E. Broadway Avenue, Meridian, Idaho 83642. B. Licensor is the owner of certain Street Lights located In the public right-of-way situated within the city limits of Meridian, Idaho ("ROW"). C. Licensee is duly organized and existing under the laws of the State of Delaware and is authorized to conduct business in the State of Idaho. D. Licensee desires to construct, operate and maintain communications sites on Licensor-owned Street Lights situated in the ROW and, for such purpose, desires to locate, place, attach, install, operate, control, and maintain antennas and other related wireless communications equipment consistent with small cell technology on Licensor-owned Street Lights in the ROW. E. Licensee will agree to comply with Licensor's use requirements as provided herein. F. Licensee is willing to reasonably compensate Licensor in exchange for a grant and right to use and physically occupy portions of the Street Lights as provided herein. AGREEMENT l. Definitions and Exhibits, I.I. Definitions. For the purposes of this Agreement and all Exhibits attached hereto, the following terms, phrases, words and derivations shall have the meaning given herein. (A) Agreement means this Master License Agreement for the Use of Licensor Property in Connection with the Operation of a Wireless Network. (B) Annual Fee means that Street Light attachment fee described in Section 4 of this Agreement. i (C) Application Fee means the Site License application fee described in Section 4 of this Agreement. (D) Business Day rneans a day other than a Saturday, Sunday or other day on which commercial banks in the County of Ada are authorized or required to close. (E) City means City of Meridian, Idaho. (F) Code means Licensor's Policies, Regulations, and Ordinances, as they may be amended, supplemented, or repealed from time to time. (G) Commencement Date means the effective date specified in each Site License. (H) Equipnneni means: (i) Small Cell antennas and other wireless communications equipment utilizing small cell technology that is specifically identified and described in .stlii "i [ attached to each Site License (as defined below). (ii) broadband backhaul transmission facilities, whether provided by landline communications infrastructure(including,without limitation, fiber,conduit and related equipment and improvements) ("Landline Backhaul Equipment") and/or wireless communications infrastructure (including, without limitation, wireless microwave and related cables, wires, equipment and improvements) ("Wireless Backhaul Equipment") that interconnects with wireless communication equipment at the point-of-demarcation and is for the purpose of providing backhaul service; and (iii) the transmission media attached, mounted, or installed on a Street Light in the ROW, in addition to control boxes, cables, conduit, power sources, and other equipment, structures, plant, and appurtenances between the transmission media and the point- of-demarcation for the purpose of providing wireless communication service. (I) Hazardous Substance means any substance, chemical or waste that is identified as hazardous or toxic in any applicable federal, state or local law or regulation, including but not limited to petroleum products and asbestos. (J) Intes ference means Physical Interference and Radio Frequency Interference. (K) Laws means any and all applicable local, state, and federal statutes, constitutions, ordinances, resolutions, regulations,judicial decisions, rules, permits, approvals or other applicable requirements of the Licensor or other governmental entity or agency having joint or several jurisdiction over Licensee's activities under this Agreement or having jurisdiction that is applicable to any aspect of this Agreement, including the Code (as defined above), that are in force on date of the execution of this Agreement, and as they may be lawfully enacted, issued or amended during the term of this Agreement. (L) Losses means any and all claims, demands and losses, including reasonable attorneys' fees and costs of defense. 2 (M) Permit means a permit issued and described in accordance with Laws,which is used to regulate, monitor and control improvement, construction or excavation activities,or other work or activity, occurring upon or otherwise affecting the Street Lights or the ROW. (N) Physical Interference means where equipment, vegetation or a structure causes reduced use of another's prior mounted equipment, or an obstruction in a necessary line-of- sight path. (0) Radio Frequency Interference means the radiation or conduction of radio frequency energy (or electronic noise) produced by electrical and electronic devices at levels that interfere with the operation of adjacent equipment. (P) ROW means the surface of and the space above and below the public roads, streets and alley right-of-way, and public utility easements or other public ways of any type whatsoever, now or hereafter located and existing within the City limits,whether or not improved. (Q) Site License means the form of the license granted by this Agreement, described in e ti n 2 below,and shown on C t A,xliba and includes all additions and modifications to the extent approved by Licensor as set forth in,Section 2 below. (R) Small Cell means compact communication sites in a mobile network but providing a smaller coverage area than traditional macrocells. (S) Term means the period that this Agreement is in effect as described in Section 3_l of this Agreement. (T) Street Lights means Licensor-owned poles and fixtures located within the ROW that are designated or approved by Licensor as being suitable for placement of Equipment. The term Street Lights, as used herein, shall not include decorative Street Lights, as designated by Licensor. 1.2. Exhibits. The following numbered documents, which are occasionally referred to in this Agreement, are formally incorporated and made part of this Agreement by this reference: (a) Exlhihit>A Site License (plus attached exhibits). (b) y1 Insurance. In the event of any conflict or ambiguity between this Agreement, including the above-referenced exhibits (the "Exhibits"), and any other agreement between Licensor and Licensee, this Agreement, together with the Exhibits, shall govern and prevail. In the event of any conflict or ambiguity between this Agreement, including the Exhibits,and any Site License, this Agreement shall govern and prevail. 2. 5,Ae i ense Granted a I-aerins, 2.1. Scope. Licensor, acting in its proprietary capacity as the owner of Street Lights in the ROW,does grant(subject to Section 3 below)to Licensee a nonexclusive,revocable license to use Street Lights to attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace the Equipment that may be required or desired to operate a Small Cell (the "Site License"). This grant is 3 subject to the terms,conditions and other provisions set forth in this Agreement;to applicable provisions of the Code; applicable required Permits and all applicable Laws and reasonable regulations of any regulatory agency having competent jurisdiction. This Agreement it is not intended to, and shall not, preclude or impede the ability of Licensor to enter into other similar agreements in the future allowing third parties to also use the Street Lights, or the ability of Licensor to redesign, reconstruct, relocate, maintain and improve its Street Lights as it determines, in its sole discretion, is appropriate in accordance with applicable Law. The Parties contemplate that any Site Licenses requested by Licensee shall only become effective upon the written approval of Licensor and after such execution shall be subject to the terms of this Agreement. 2.2. Use of Licensor Pronertv. The Site License, if and when approved by Licensor, allows Licensee to access, occupy and use allocated available space on each of the Street Lights in tlx�JiiOi4 to the Site License to attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace the Equipment, as identified in such Exhibit 1€, solely for the purpose of Licensee operating a Small Cell ("Use"), The Site License also allows the installation, operation and maintenance of Licensee- owned ground based, pad mounted equipment cabinets and/or power pedestals needed for the operation of Equipment attached to any of the Street Lights,together with any related conduit,cable orwiring,with the location of any such cabinet or pedestal determined in connection with the issuance of a Permit (if required) by City, Ada County Highway District("ACHD"),and other applicable entities,as required by Law. Licensee shall have access to the Street Lights upon which Equipment is installed 24 hours a day, 7 days a week, subject to all limitations and other provisions of this Agreement including, without limitation,Section 2.3 below. 2.3. Limitations on Use, Except as otherwise expressly provided herein,the Site License does not authorize Licensee to: (a) Occupy or use any poles,improvements or structures of any]rind,whether within or without the ROW, other than the items identified as Street Lights shown i►-,Fah44f.'attached to a Site License; (b) Enter upon public property and attach, install,operate,maintain,upgrade,remove, reattach,reinstall,relocate and/or replace any item of Equipment in or on poles or other structures not owned by Licensor and located within the ROW; (c) Occupy or use the ROW to the exclusion of Licensor for any use within Licensor's jurisdiction, authority and discretion or of others to the extent authorized by law to use the ROW. If the ROW has been opened as a public Highway (as used in the Agreement the term "Highway" is as defined in 4aho Code§40-109(5)) Licensee's authorized use is subject to the rights of the public to use the ROW for Highway purposes; (d) interfere with the rights of holders of easements of record or obvious on inspection of the ROW and statutory rights of utilities to use the public ROW,as is more particularly set forth in Section 7.14 of this Agreement;or (e) Take any action that would jeopardize the structural integrity of Licensor's Street Lights, conflict with Licensor's operations, or interfere with the public's access or use of the ROW. 2.4. Alterations. If Licensee proposes to install Equipment which is different in any material way from the then-existing and approved Equipment, then Licensee shall notify an authorized 4 representative of the Licensor of the proposed changes and obtain Licensor's written approval to make such change.In addition to any other submittal requirements,and if requested by Licensor,Licensee shall provide "load" (structural) calculations for all Street Lights upon which it intends to modify Equipment in the ROW. Notwithstanding the foregoing, Licensee may modify its Equipment with like-Lind or similar Equipment without prior written approval of the Licensor, so long as it: (i)does not differ in any material way from the then-existing and approved Equipment; (ii) does not jeopardize the structural integrity of Licensor's Street Lights or interfere with Licensor's operations; and (iii) does not interfere with the public's access or use of the ROW. 3. Ter in - lLP—Licenses a d—Ag u=LL.Ca cellaation: ���dffi93:s1L9.i ®11!audool ent a#_Exjud a#�i2n. 3.1. Agreement Term. This Agreement shall be in effect for a period of twenty-five(25)years commencing on the date that this Agreement is fully executed (the"Execution Date") and expiring on the twenty-fifth (25th)anniversary of the Execution Date (unless sooner cancelled or terminated as provided in this section) (the "Term"). 3.2. Site License Term. Each Site License shall be in effect for a period of five (5) years commencing on the "Commencement Date" determined in accordance with each Site License, and expiring on the day before the fifth (5th) anniversary of the Commencement Date unless sooner cancelled or terminated as provided herein (the "Site License Term"). Provided that Licensee is not in material breach of the Site License or this Agreement, and that this Agreement has not been terminated, the Site License Term will automatically be extended for up to three (3) successive five(5)year periods(each, a"Renewal Term"), with the first five(5)year extension of the Site License Term commencing immediately upon the expiration of the initial period of the Site License Term,and each additional five-year extension of the Site License Term commencing immediately upon the expiration of the preceding additional period of the Term unless notice of non-extension is provided to Licensor by Licensee prior to the coinmencement of the succeeding Renewal Term.All of the provisions ofthis Agreement shall be in effect during the Site License Term and any extension of the Site License Term. Notwithstanding anything to the contrary contained herein, each Site License shall automatically terminate when this Agreement expires (or if this Agreement is cancelled or terminated as provided in this section). 3.3. Licensor Termination. This Agreement and all Site Licenses may only be cancelled or terminated as provided in this Agreement or any Site License. Licensor may terminate any Site License Without Cause (defined below) before the date of expiration by providing the Licensee with one hundred eighty (180) days express written notice of termination. In addition, Licensor may immediately terminate this Agreement or any Site License immediately With Cause (defined below) upon written notice to Licensee. Upon termination of this Agreement and all Site Licenses, Licensor may record a Revocation of Agreement for the Use of Licensor Property in the Official Real Property Records of Ada County, Idaho. If any Site License is terminated by Licensor Without Cause under this Section 3.3 prior to its expiration, Licensor agrees to refund the unearned pro rata portion of any amounts paid to Licensor by Licensee in advance. As used herein, the term "With Cause" shall mean any Default by Licensee(as defined in Section 17), and "Without Cause" shall mean a determination by Licensor that the termination of a Site License is required for Licensor's operations or necessitated by future planned projects. Licensor will exercise reasonable efforts to avoid terminating any Site License so long as Licensee agrees to relocate the Equipment to an acceptable location approved by Licensor and such arrangement is documented in a new or amended Site License. 5 3.4. Abandonment, If Licensee abandons the use of a Street Lights location for a period of six (6) or more consecutive months, the Equipment for such Street Lights shall be removed at the expense of Licensee and the Site License Term shall be deemed to have expired. In the event Licensee is unable or refuses to remove such Equipment when requested by Licensor, Licensor may authorize removal and Licensee shall be responsible for all costs incurred for such removal. Alternatively, Licensor may elect to take title to abandoned property, provided that Licensee shall submit to Licensor, at Licensee's expense, an instrument satisfactory to Licensor transferring to Licensor the ownership of such property. The provisions of this Section shall survive the expiration or earlier termination of thisAgreement. 3.5. Licensee Termination. Licensee's Use is contingent upon Licensee obtaining all of the certificates, Permits and other approvals(collectively the "Governmental Approvals")that may be required by any federal, state or local authorities (collectively, "Governmental Entities") as well as a satisfactory structural analysis of any Street Lights or other structures that will permit Licensee's Use. Licensor shall cooperate with Licensee in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to Licensee's Use. The Governmental Approvals shall be a condition precedent to Licensee's signature of a Site License. In the event that: (i) any of such applications for such Governmental Approvals should be finally rejected; (ii)any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; and/or(iv) Licensee determines that the Governmental Approvals do not meet its requirements (including cost), Licensee shall have the right to terminate the applicable Site License upon written notice to Licensor. Notwithstanding anything to the contrary contained herein, Licensee shall have the right to terminate any Site License for convenience on one hundred eighty(180)days' notice to Licensor. In the event of such termination, Licensee shall remove its Facilities and Equipment in accordance with Section 20 below and Licensor shall retain any rent paid to such date.Nothing in this Agreement shall require Licensee to obtain a Site License from Licensor to install Small Cells on property not owned or controlled by Licensor. Licensee covenants and agrees, however, that Licensee shall obtain all Governmental Approvals that may be required for said Small Cells. 4. Fees and Charges. Licensee shall be solely responsible for the payment of all fees and charges in connection with Licensee's performance under this Agreement, including those set forth as follows: 4.1. Annual Street Light Attachment Pee: Application Pee. As of the Commencement Date for each Site License, Licensee shall pay to Licensor an Annual Fee equal to$270.00 per site location for the use of each Street Light by Licensee pursuant to a Site License, in order for Licensee to occupy and use space on the Street Lights. The Annual Fees provided herein shall apply to any Site Licenses approved as of the mutual execution of this Agreement, which shall automatically be adjusted in accordance Section 4.1(a) as set forth herein, and shall apply to any Site Licenses approved hereafter. The Annual Fees for Site Licenses approved by Licensor shall be paid per Street Light location, are non-refundable, and are due and payable within forty-five (45) days of the initial Commencement Date for each Site License, and on or before each subsequent annual anniversary of the Commencement Date during the Site License Term (or until such earlier time as such Site License is terminated). Upon agreement of the Parties,Licensee may pay the Annual Fee by electronic funds transfer and in such event, Licensor agrees to provide to Licensee bank routing information for such purpose upon request of Licensee. Additionally, Licensee will pay Licensor a $500.00 Application Fee for a single application that may include up to five Street Lights, with an additional $100 Application Fee for each Street Light beyond five. The application will include 6 engineering drawings and a structural analysis stamped by a licensed professional engineer, along with facility site elevations. Licensor will, to the extent practicable, respond to Licensee concerning each application within thirty(30)days ofreceipt from Licensee providing its approval. Upon such approval, and after Licensee obtains all required Governmental Approvals, Licensee will prepare, sign and transmit a Site License for the locations in such application to Licensor; and Licensor shall then countersign and return the Site License to Licensee. Licensee acknowledges and agrees that the Annual Fees and each Site License Application Fee specified herein is reasonable and lawful. (a) Effective on the first anniversary of the Commencement Date of any Site License term, and continuing annually thereafter during the applicable Site License term, the applicable Annual Fee shall be increased by two percent (2%) over the Annual Fee paid for the immediately preceding year. 4.2. Permit. No payment is collected under this Agreement for any Permit issued in connection with the installation of Equipment on any Street Light. Permit requirements, fees and charges are solely governed by the requirements imposed by the Code and shall be paid by Licensee accordingly. Fees and charges for any such Permit usually are collected at the time such a Permit is applied for and issued. 4.3. Taxes. If Licensor is required by law to collect any federal, state, or local tax, fee, or other governmental imposition (each, a "Tax") from Licensee with respect to the transactions contemplated by this Agreement, then Licensor shall bill such Tax to Licensee in the manner and for the amount required by law. Licensee shall promptly pay such billed amount of Tax to Licensor, and Licensor shall remit such Tax to the appropriate tax authorities as required by law; provided, however, that Licensor shall not bill to or otherwise attempt to collect from Licensee any Tax with respect to which Licensee has providel Licensor with an exemption certificate or other reasonable basis for relieving Licensor of its responsibility to collect such tax from Licensee. Licensee shall be responsible for all Taxes that are assessed against or are otherwise the legal responsibility of Licensee with respect to itself and its property. 4.4. Electric meter.Licensee shall install or cause to be installed,at Licensee's cost,a separate electric meter on a ground mounted pedestal or on Licensee's pad mounted equipment cabinet as required by the electric provider for the operation of its Equipment. Licensee's electric meter shall not, under any circumstances, interfere with Licensor's operations. Licensee shall be responsible for paying all charges for any electricity furnished by a utility furnishing service to the Equipment. 4.5. Pavments Made. All fees and/or additional payments shall be payable to Licensor at City of Meridian, 33 E. Broadway Ave, Meridian, Idaho, 83642 attention: Finance; or via electronic transfer to Licensor; or to such other places as Licensor may designate in writing.All payments shall be in lawful money of the United States of America. 4.6. Interest. In the event of default by Licensee on any payrnent owed pursuant to this Agreement or any Site License,the unpaid sum shall bear interest from the date the same became due at the rate equal to the lesser of twelve percent(l 2%)per annum or at the highest rate permitted under the laws of the State of Idaho. 4.7. Late Char eg_s.Licensee acknowledges that late payment by Licensee to Licensor of sums due under this Agreement will cause Licensor to incur costs not contemplated by this Agreement, the exact amount of which will be difficult to ascertain. Accordingly, if payment of any sum due from 7 Licensee shall not be received by Licensor within 10 days after the due date, then Licensee shall pay to Licensor a late fee equal to ten (10%) of such overdue amount. The parties agree that such late charges represent a fair and reasonable estimate of the costs that Licensor will incur by reason of the late payment by Licensee. Acceptance of such late charges by the Licensor shall in no event constitute a waiver of Licensee's default with respect to such overdue amount, nor prevent Licensor from exercising any of the other rights and remedies granted in this Agreement. 5. Additional License and Permits Required by Code. To the extent not in contravention of any applicable Law, all of the Equipment will be installed, operated and maintained by or on behalf of Licensee in accordance with applicable provisions of the Code regulating wireless communications facilities. Licensee or its designee may be required to apply for and obtain a Permit for work performed within the ROW.Licensee's operation of the Equipment and work performed in the ROW shall not,under any circumstances, interfere with the public use of the ROW. Execution of this Agreement or any Site License does not constitute the issuance of a Permit. In the event of any discrepancy between the terms of this Agreement and a Permit,the Permit shall control. 6. Basic Design and Installation Requirements for Using Street LiLyhts. The basic design of the Equipment shall be described in Exhibit 1 to each Site License. All of Licensee's construction and installation work for its Equipment on the Street Lights shall be performed at Licensee's sole cost and expense and in a good and workmanlike manner. When Licensee and Licensor have agreed on an existing Street Light location as a suitable site for Licensee's Equipment, but the existing Licensor- owned Street Light needs to be replaced to accommodate the Equipment, then Licensee shall pay all costs related to replacing the Licensor-owned Street Light, including but not limited to installation of the replacement Street Light(the "'Replacement Street Light") and/or other items attached to the existing Licensor-owned Street Light to the Replacement Street Light, and removal and salvage of the existing Licensor-owned Street Light to the Licensor. Payment of the replacement costs does not provide Licensee with any ownership interest in the Replacement Street Light. Licensor will be deemed to own the original Licensor-owned Street Light and the Replacement Street Light. The installation or attachment of the Equipment using the Replacement Street Light shall be at Licensee's sole cost and expense. 7. Common Conditions or Requirements Applicable to Site Licenses Issued Under this Agreement. 7.1. Submission of Plans and Specifications. For each installation,Licensee or its designee shall submit plans and specifications for City review and approval. 7.2. Siting Priority Preference. Locations shall be prioritized based upon Licensee's technical and radio frequency needs and construction costs. 7.3. Aesthetics. Equipment placement shall minimize negative impacts to the aesthetics of the Street Light. 7.4. Residential Neip-liborhoods. Buildings of Special Interest. Other Limitations. (1) Siting of Small Wireless Facilities within Residential Zoned Neighborhoods. (a) When placed near residential property,the Small Wireless Facilities shall be placed in a manner that minimizes visual impacts equitably among adjacent properties. 8 (b) Small Wireless Facilities shall not be located within 20 feet of the closest exterior wall of the habitable portion(excluding porches,garages,and similar structures not typically considered to be the habitable portion of a home)of a residential building in a residential zoning district unless Licensee demonstrates that compliance with this requirement would be technically infeasible. (c) Licensee shall consult with Idaho Power for residential locations as needed. (d) In addition,in areas zoned as residential,no two small wireless facilities owned by Licensee shall be located within 600 feet of one another. Licensor may exempt Licensee from this requirement if: (i) Licensee demonstrates through technical network documentation that the minimum separation requirement cannot be satisfied for technical reasons (e.g. the minimum separation requirement will not result in effective coverage of the area), or (ii) Licensor determines, when considering the surrounding topography; the nature of adjacent uses and nearby properties;and the height of existing structures in the vicinity,that placement of a small cell wireless facility at a distance less than 600 feet from another small wireless facility owned by Licensee in the public ROW will meet the intent of reducing visibility and visual clutter of Small Wireless Facilities. (2) When placing a Small Wireless Facility adjacent to a building listed on the National Register of Historic Places or otherwise designated as a historic place by a federal, state,or local governmental entity,care shall be taken to locate the Equipment such that it does not negatively impact the building. 7.5. Americans with Disabilities Act("ADA")Compliance.All Equipment shall be located such that it meets ADA requirements and in addition: (1) No encroachments shall reduce pedestrian clear space below 60 inches. (2) Any Equipment placed next to a Street Light in the sidewalk must be placed on the side of the Street Light with the minimum impact to pedestrian clear space without impeding access to pedestrian push buttons and other accessible infrastructure. 7.6. Damage to Property. If Licensee damages or disturbs the surface or subsurface of any ROW or adjoining property, pole, streetlight fixture, or other public improvement, in the exercise of the rights granted through this Agreement, Licensee will promptly, at its own expense, and in a manner acceptable to City, in City's sole discretion, repair the damage or disturbance immediately. 7.7. Public Emergency. In the event of an emergency or to protect the public health or safety,prior to City accessing or performing any work on a Street Light on which Licensee has installed Equipment,City may require Licensee to deactivate such Equipment. In such case, City will contact Licensee at (800) 264- 6620 to request immediate deactivation. 7.8. Street Light Maintenance and Replacement. 9 (a) Licensee hereby acknowledges that Licensee shall bear all risk of loss in connection with: (i)damaged,downed or deteriorated Street Lights and Equipment where such damage is caused by Licensee or any other person, entity, or party, except to the extent such damage is caused solely by the negligence of City; (ii)the performance by Licensee of all maintenance and repair required under this Agreement, or the failure or neglect to perform such maintenance and repair; and/or (iii) repair or maintenance necessitated by Licensee's design, installation or use of the Equipment. If a Street Light needs replacement or repair in order to hold Equipment due to the occurrence of any or a combination of clauses Q, M and LD above, Licensee shall replace the same at Licensee's cost within a timefi•ame reasonably determined by City and upon City's approval. (b) In the event City needs to perform maintenance on a Street Light, City may require Licensee to deactivate such Equipment if any of the City's employees or agents must move closer to the equipment than the FCC recommended minimum distance. In such case, City will contact Licensee at (800)264-6620 to request deactivation. (c) Licensee may reinstall its equipment once a Replacement Street Light is installed and functioning as approved in writing by City. (d) Licensee shall have the right to temporarily use an alternate street light for its operation during the replacement period at a location reasonably acceptable to City and Licensee. (e) In the event City is responsible for replacing the Street Light, City shall only be responsible for the cost of a standard Street Light, and Licensee shall be responsible for any cost to customize the Street Light to Licensee's specifications. 7.9. Removal and Relocation. (a) Licensee understands and acknowledges that City may require Licensee to relocate one or more of its Equipment installations. Licensee shall at City's direction and upon ninety (90) days prior written notice to Licensee, relocate such Equipment at Licensee's sole cost and expense whenever City reasonably determines that the relocation is needed for a public use. In such case, City shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location. If Licensee fails to relocate any Equipment as requested by the City in accordance with the foregoing provision, City (i)may treat such failure as a Default under,Section 17 or(ii)may remove or relocate the Equipment at Licensee's sole cost and expense, without further notice to Licensee. If City elects to remove or relocate the Equipment in accordance with the foregoing clause M,Licensee shall pay to the City as applicable actual costs and expenses incurred by City in performing any removal work and any storage of Licensee's property after removal within thirty (30)days of the date of a written demand for this payment from City. (b) In the event Licensee desires to relocate any Equipment from one Street Light to another, Licensee shall so advise City. City may, in the sole discretion of City, use reasonable efforts to accommodate Licensee, at Licensee's cost, by making another reasonably equivalent Street Light available for use in accordance with and subject to the terms and conditions of this Agreement and to Section 7.1 above. 7.10. Compliance with Law Required. The work done by Licensee in connection with the installation, construction, maintenance, repair, and operation of Equipment on Street Lights within the ROW shall be subject to and governed by all pertinent local and state Laws, including Ada County 10 Highway District ROW regulations, that are applicable to ensuring the work done does not unduly inconvenience the public in the use of the surface of the streets and sidewalks. 7.I1. Identification of Utility Lines. Prior to beginning any excavation or boring project, Licensee shall engage an utility locator service. Licensee has the responsibility to protect and support the various utility facilities of other providers while conducting construction, installation, and maintenance operations. 7.12. Submission of Engineering Plans. In conformance with paragraph 7_1, and prior to installation, Licensee shall submit engineering plans to the City Engineer or Designee for review and approval. 7.13. Non-exclusiveness. The rights and privileges granted to Licensee under this Agreement, and each Site License described herein,are non-exclusive. 7.14. Non-interference. The following provisions shall apply to ensure and/or avoid Interference (both Physical Interference and Radio Frequency Interference)resulting from Licensee's installation,operation and/or maintenance of its Equipment: (a) RF Interference. Licensee shall ensure that the Equipment will not cause Radio Frequency Interference with wireless communication facilities or devices, cable television, broadcast radio or television systems, satellite broadcast systems, or traffic, public access or safety, or other communications signal equipment, except as expressly permitted by the provisions of any Site License. (b) Existing and Future Uses. Licensee shall not interfere in any manner with the uses within the ROW, including but not limited to sanitary sewers, fiber optics, water mains, storm drains,gas mains, poles, aerial and underground electric and telephone wires, streetlight fixtures, cable television, and other telecommunications, utility,and municipal property without the express written approval of the owner(s)of the affected property or properties. (c) City Communications. Licensee shall not interfere in any manner with current or future equipment or communications of City. (d) City Interference. City reserves the right, but not the obligation, to maintain and operate its Street Lights in such reasonable manner as will best enable it to fulfill its own service requirements or obligations. However, City agrees that it will, to the extent practicable, install or permit the installation of only such equipment that is of the type and frequency which will not cause harmful Radio Frequency Interference to the then existing Equipment of Licensee which is measurable in accordance with then existing industry standards, but only to the extent Licensee has (i) provided City with prior written notice of any such equipment that could cause such harms,and(ii)demonstrated to City a high degree of certainty that such equipment could cause such harm,as determined in the sole discretion of City. (e) Remedies. Without limiting any other rights or remedies, if interference occurs and continues for a period in excess of twenty-four(24) hours following notice to Licensee via telephone to Licensee at(800)264-6620, Licensee shall reduce power or cease operations of the interfering equipment until the interference is cured. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Section 7 and therefore City shall have the right to equitable remedies such as, without limitation, injunctive relief and specific performance. 11 S. Daniaae to Licensee's Equipment. In the event of any damage to Licensee's Equipment, Licensor shall have no liability or responsibility to repair the same unless such damage arose from the gross negligence or willful misconduct of Licensor, its employees, agents, or contractors; provided however, in such case, Licensor's liability shall be limited to the cost to repair or replace the same. 9. Title and Ownership. 9.1. Title to Street Liarhts..Title to the Street Lights shall remain with Licensor. Subject to abandonment as set forth in Section 3.6 hereinabove, title to the Equipment, exclusive of the Street Light (original or replacement) used for support, but including ground mounted equipment, shall remain with Licensee and shall constitute Licensee's personal property and equipment, and not fixtures or improvements attached to the land. 9.2. No Ownership in Licensor Property. Neither this Agreement, nor any license issued herein, nor any Permit separately issued for installation of any Equipment, regardless of the payment of any fees and charges, shall create or vest in Licensee any ownership or property rights in any portion or elements of the Street Lights, the underlying real property on which any Licensor-owned Sheet Lights or any Equipment is located, or any portion of the ROW. Additionally, except as otherwise expressly provided herein, Licensee acknowledges that this Agreement does not constitute or create a leasehold interest or right to the benefit of any Licensor property or portion thereof. Nothing contained in this Agreement shall be construed to compel Licensor to construct, retain, extend, place, or maintain any Street Lights or other facilities for the benefit of Licensee which are not needed for Licensor's own service requirements. 9.3. "As Is" Condition. Licensee accepts the Street Lights identified in any Site License, or any Replacement Street Light, in its "AS IS"condition,without representation or warranty of any kind by Licensor, or any Licensor officer, agent, or employee, and subject to all applicable laws, rules and ordinances governing the use of the Licensor Street Lights. 10. Reserved. 11. Waiver and Estoppel Statement by Licensee, Licensee acknowledges and agrees that the license granted under this Agreement is a permissive use pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that Licensee has expended funds pursuant to and in connection with this Agreement, and this Agreement may not be in effect for a period (if terminated pursuant to the provisions hereof) sufficient for Licensee to realize the economic benefit from such expenditures. Licensee further acknowledges and agrees that it is solely responsible for obtaining the approval of any local agencies with jurisdiction over Licensee's use of the ROW, including, but not limited to, the Ada County Highway District. 12. Maintenance and Repair: Subject to Section 7. Licensor shall maintain and keep the Street Lights containing Equipment in accordance with Licensor's standard maintenance requirements,at its sole cost and expense. Licensee shall keep the Equipment and other improvements by Licensee on the Street Light, if any, in good repair at its sole cost and expense. 13. Hazardous Substances. Licensee shall be solely responsible for and shall indemnify and hold harmless Licensor, its respective directors,officers,employees, agents, successors, and assigns fi•om and against any and all loss, damage, cost,expense or liability to the extent resulting from the use,generation, 12 storage, release, threatened release, discharge, disposal, or presence of Hazardous Substances caused by Licensee including without limitation: (a) all damages; (b) the costs of any required or necessary repair, cleanup or detoxification of the property; and (c) all reasonable costs and expenses incurred by the Licensor in connection therewith, including but not limited to reasonable attorneys' fees. Licensee's obligations pursuant to this paragraph shall survive the termination of this Agreement. Licensee shall not be liable or responsible for any Hazardous Substances, including any release of Hazardous Substances, that existed before the execution of this Agreement or that does not result from the activities of Licensee. 14. Waiver and Indemnitv. 14.1. Waiver of Claims. Licensee waives any and all claims, demands, causes of action and rights it may assert against the Licensor on account of any loss, damage,or injury to any Equipment as a result of any event or occurrence which is beyond the reasonable control of Licensor. 14.2. Limitation of Licensor's Liability. If damages to the Street Lights or ROW results from any fire,or other casualty of the kind covered by standard fire insurance policies with extended coverage, except as caused solely by Licensor's, its employees', agents' or contractors' negligence or willful misconduct, then Licensee shall be responsible for all damages resulting from such to the extent due to Licensee's use of the Street Lights or ROW. Licensor is not responsible for maintaining any separate policy for fire coverage related to Licensee's use of its Equipment. Licensee shall be responsible for all costs related to damage to the Equipment except as caused by Licensor's, its employees', agents' or contractors' sole negligence or willful misconduct. 14.3. Indemnity. To the extent allowed under Idaho law, including, without limitation, Article VIII, section 4 of the Idaho Constitution,each Party shall indemnify, defend, and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. in addition, Licensee shall indemnify, defend, and hold Licensor harmless from and against any claim of liability or loss from personal injury or property damage relating to, resulting from, or arising out of Licensee's Equipment, except to the extent such claim,damages,or injury is caused by the gross negligence or willful misconduct of Licensor. The indemnified Party will provide the indemnifying Party with prompt, written notice of any claim covered by this indemnification;provided that any failure of the indemnified Party to provide any such notice, or to provide it promptly, shall not relieve the indemnifying Party from its indemnification obligation in respect of such claim, expect to the extent the indemnifying Party can establish actual prejudice and direct damages as a result thereof. The indemnified Party will cooperate appropriately with the indemnifying Party in connection with the indemnifying Party's defense of such claim. The indemnifying Party shall defend any indemnified Party, at the indemnified Party's request, against any claim with counsel reasonably satisfactory to the indemnified Party. The indemnifying Party shall not settle or compromise any such claim or consent to the entry of any judgment without the prior written consent of each indemnified Party and without an unconditional release of all claims by each claimant or plaintiff in favor of each indemnified Party. 15. Insurance Requirements. 15.1. Licensee's Insurance Licensee shall procure and maintain insurance in the amounts and form specified in attached Ex17ibit`l3_ 13 15.2. Certificates. If a Certificate of Insurance or Self-Insurance is submitted as verification of coverage, Licensor will reasonably rely upon the Certificate as evidence of coverage but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the required policies expire during the life of this Agreement, Licensee must forward renewal or replacement Certificates to Licensor within fifteen (15) Business Days after the renewal date containing all the necessary insurance provisions. 16. Assi2nment/Subletting. 16.1. It is expressly agreed and understood by and between the parties hereto, that Licensee will not have the right to assign, sublease, transfer, hypothecate or sell any of its rights Linder this Agreement except upon the prior express written consent of Licensor, which consent shall not be unreasonably withheld, conditioned, or denied.Notwithstanding the foregoing, Licensee shall remain as a guarantor of its assignee's obligations under this Agreement, and approval by Licensor of any assignment shall be conditioned upon written confirmation that Licensee will remain as such in a form reasonably acceptable to Licensor. 16.2. Any non-permitted transfer or assignment of the right to attach Equipment to a Licensor-owned Street Light shall be void and not merely voidable. Licensor may, in its sole discretion and in addition to all other lawful remedies available to Licensor under this Agreement, collect any fees owed from Licensee all without prejudicing any other right or remedy of Licensor under this Agreement. No cure or grace periods shall apply to transfers or assignment prohibited by this Agreement or to the enforcement of any provisions of this Agreement against a transferee or assignee who did not receive Licensoe's consent. 16.3. Notwithstanding anything to the contrary in this Section 16, without any approval or consent of Licensor, this Agreement and/or any Site License may be sold, assigned or transferred by Licensee to: (i) any entity in which Licensee directly or indirectly holds an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in Licensee; or(iii)any entity directly or indirectly under common control with Licensee. Licensee may assign this Agreement and/or any Site License to any entity which acquires all or substantially all of Licensee's assets in the market defined by the FCC in which the Street Lights are located by reason of a merger, acquisition or other business reorganization without approval or consent of Licensor. 17. Default. It is a "Default" if either party fails to comply with this Agreement or any Site License and does not remedy the failure within thirty(30) days after written notice by the other Party or, if the failure cannot reasonably be remedied in such time, if the defaulting party does not commence a remedy within the allotted thirty(30) days and diligently pursue the cure to completion within sixty(60) days after the initial written notice. 13. Termination/Revocation. In the event of a Default, without limiting the non-defaulting payment in the exercise of any right or remedy which such party may have by reason of such Default, the non-defaulting party may terminate this Agreement if the Default affects all Site Licenses and the Agreement as a whole, or any Site License subject to the Default, and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the State of Idaho. Further, upon a Default, the non-defaulting party may at its option (but without obligation to do so), perform the defaulting parry's duty or obligation. The costs and expenses of any such performance by the non-defaulting party shall be due and payable by the defaulting party upon invoice therefor. 14 19. Records and Audits. (a) Required Records. Licensee will maintain complete records pursuant to applicable federal, state and local Laws. Upon reasonable request by Licensor, and within fifteen (15)business days' notice to Licensee at the notice addresses, Licensee will provide Licensor with a report- but no more frequently than once a year- that includes at least the following information: (i)a list of all Site Licenses; (ii) the location of all of Licensee's Equipment; and (iii) a summary of all Annual Fees and Application Fees and any other amounts paid by Licensee or due and owing to Licensor to date. Licensor- may require such applicable additional reasonable non-confidential information, records and documents from Licensee from time to time as are appropriate in order- to reasonably monitor compliance with the terms of this Agreement. Additionally, Licensor may require Licensee to collect reasonable supplementary information as needed. (b) Production of Recoa•ds. Licensee shall provide such records within thirty (30) Business Days of a request by Licensor for production of the same unless additional time is reasonably needed by Licensee, in which case, Licensee shall have such reasonable time as needed for the production of the same. Such records shall be made available in Ada County, Idaho. If any person other than Licensee maintains records on Licensee's behalf, Licensee shall be responsible for making such records available to Licensor for auditing purposes pursuant to this Section 19, 20. Surrender-. Within sixty (60) days of the expiration of any Site License Term, or upon the earlier termination thereof, Licensee shall remove all Equipment attached or ground mounted,at its sole expense, shall repair any 4amage to the Street Lights or the ROW caused by such removal,and shall restore the Street Lights to the condition in which they existed prior to the installation of the Equipment,reasonable wear and tear and loss by casualty or other causes beyond Licensee's control excepted. 21. Notices. Any notice, request,demand, statement, or consent herein required or permitted to be given by either Party to the other hereunder,shall be in writing signed by or on behalf of the Party giving the notice and addressed to the other at the address as set forth below: Licensee Cellco Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention:Network Real Estate With a cogv to: Cellco Partnership d/b/a Verizon Wireless 10000 Park Meadows Drive, Suite 300 Lone Tree,Colorado 80124-5453 Attention:Network Real Estate Licensor City of Meridian 33 E. Broadway Ave Meridian, Idaho 83642 Attention: City Engineer 15 Each Party may by notice in writing change its address for the purpose of this Agreement,which address shall thereafter be used in place of the former address. Each notice, demand, request, or communication which shall be mailed to any of the aforesaid shall be deemed sufficiently given, served, or sent for all purposes hereunder: (i) two Business Days after it shall be mailed by United States registered or certified mail,postage prepaid and return receipt requested, in any post office or branch post Office regularly maintained by the United States Postal Service; (ii) upon personal delivery; or (iii) one Business Day after deposit with any recognized commercial air courier or express service. Any communication made by e-mail or similar method shall not constitute notice pursuant to this Agreement. 22. Miscellaneous. 22.1. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties, and supersedes all negotiations, understandings or agreements. Any amendments to this Agreement must be in writing and executed by both Parties. 22.2. SeverabilitY. If any provision of this Agreement is invalid or unenforceable with respect to any Party,the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 22.3. Governing Law, This Agreement shall be governed by the Laws of the State of Idallo without regard to choice of law rules. Should the Laws of the State of Idaho be amended with respect to the siting, placement, modification or construction of wireless facilities(including, but not limited to, the types of facilities described herein), the Parties shall modify the terms of this Agreement to conform to such laws. 22.4 Jurisdiction and Venue. THE PROVISIONS OF THE AGREEMENT SHALL BE CONSTRUED UNDER,AND IN ACCORDANCE WITH,THE LAWS OF THE STATE OF IDAHO, AND ALL OBLIGATIONS OF THE PARTIES CREATED HEREUNDER SHALL BE PERFORMED IN ADA COUNTY, IDAHO. THEREFORE, IN THE EVENT ANY COURT ACTION IS BROUGHT DIRECTLY OR INDIRECTLY BY REASON OF THIS AGREEMENT, THE COURTS OF ADA COUNTY, IDAHO SHALL HAVE JURISDICTION OVER THE DISPUTE AND PROPER VENUE SHALL BE IN ADA COUNTY. 22.5. Exhibits.All Exhibits referred to and attached to this Agreement are incorporated herein by reference. 22.6. Alltllor'itV to Execute. Any individual executing this Agreement on behalf of or as representative for a corporation or other person, partnership or entity, represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such party,and this Agreement is binding upon such party in accordance with its terms. Licensor hereby designates,and authorizes, its City Engineer to execute all Site Licenses entered into under this Agreement. This designation and authorization may be changed by Licensor upon written notice to Licensee. 22.7. No Waiver. A Party shall not be excused from complying with any of the terms and conditions of this Agreement by any failure of a Party upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. 16 22.8. Force Maieure. With respect to any provisions of this Agreement, the violation or non- compliance of any term of this Agreement which could result in the imposition of a financial penalty, liquidated damages, forfeiture or other sanction upon a Party, such violation or non-compliance shall be excused where such violation or non-compliance is the result of acts of God, war, civil disturbance,strike or other labor unrest, or other events, the occurrence of which was not reasonably foreseeable by such Party and is beyond such Party's reasonable control. 22.9. Limitation of Liabilitv. Except for indemnifications pursuant to Sections i3 and 14, neither Party shall be liable to the other, or any of their respective agents, representatives,employees for any lost revenue, lost profits, loss of technology, rights or services, incidental,punitive, indirect, special or consequential damages (as further provided in Section 14). loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 22.10. Non-Exclusive Remedies. No provision in this Agreement made for the purpose of securing enforcement of the terms and conditions of this Agreement shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies herein provided are deemed to becumUlative. 22.11. No Third-Party Beneficiaries.It is not intended by any of the provisions of this Agreement to create for the public, or any member thereof, a third-party beneficiary right or remedy,or to authorize anyone to maintain a suit for personal injuries or property damage pursuant to the provisions of this Agreement. The duties, obligations and responsibilities of Licensor with respect to third parties shall remain as imposed by Idaho law. 22.12. Time is of the Essence. Time is of the essence with regard to the performance of all of Licensee's obligations under this Agreement. 22.13. Attornevs' Fees. Should any dispute arising out of this Agreement lead to litigation,the prevailing party shall be entitled to recover its costs of suit, including (without limitation) reasonable attorneys' fees. 22.14. Contactine Licensee._Licensee shall be available to Licensor, its officers,employees and agents 24 hours a day, seven days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Equipment. Licensor, its officers, employees and agents may contact by telephone the network control center operator at telephone number: (800)264-6620, regarding such problems or complaints. 22.15. Appropriations by Licensor. Article VIII, Section 3 of the Constitution of the State of Idaho provides that jnjo county, city, board of education, or school district, or other subdivision of the state shall incur any indebtedness, or liability, in any manner, or for any purpose, exceeding in that year, the income and revenue provided for it in such year,without the assent of two thirds(2/3)of the qualified electors thereof voting at an election to be held for that purpose.... Any indebtedness or liability incurred contrary to this provision shall be void." Licensee therefore acknowledges that notwithstanding any other provision of this Agreement, no obl igation assumed by or imposed upon Licensor by this Agreement shall require the performance of any act by Licensor except to the extent that the cost and expense of such performance may be paid by funds legally available to Licensor to meet the cost and expense of such performance, as determined by 17 Licensor. Licensee further acknowledges that this Agreement shall not be construed as obligating Licensor to make future appropriations for the performance of any obligations hereunder beyond those obligations expressly set forth herein. 22.16. Non-Discrimination. Licensee agrees not to engage in employment practices that discriminate against any employee or applicant for employment based on race, color, religion, national origin, sex, sexual orientation, gender identity, veteran status, age, disability, or political belief or affiliation, unless exempted by state or federal law. In the event non-compliance occurs with this Section, Licensee, upon written notification by Licensor, shall commence compliance procedures within thirty (30)days. 22.17. No Partnershin or Joint Venture..The relationship between Licensor and Licensee is at all times solely that of licensor and licensee, not that of partners or joint venturers. 22.18. Incorporation of Recitals. The recitals set forth hereinabove are hereby incorporated as if set forth in full. 22.19. ,Cow of Agreement.A copy of this Agreement shall be maintained by Licensor and made available for public records requests in accordance with applicable Law. [Signature page follows] 18 EXECUTED to be effective as of the date shown above. LICENSOR: LICENSEE: City of Meridian Cellco Partnership d/b/a Verizon Wireless By: By: Print Name:_Robert E. Simison Print ame: Its: Mayor its 19 EXHIBIT A Form of Site License This Site License ("Site License"), made this day of _ _ _ _ _ _, 20� ("Effective Date") between City of Meridian, with an address of City of Meridian 33 E. Broadway Ave, Meridian Idaho, 83642, Attn: City Engineer, hereinafter designated "Licensor" and Cellco Partnership d/b/a Verizon Wireless, with its principal offices at c/o Verizon Wireless, One Verizon Way, Mail Stop 4AW100 Basking Ridge,NJ 07920, hereinafter designated "Licensee": 1. Site License. This is a Site License as referenced in that certain Master License Agreement for the Use of Licensor Property in^Connection with the Operation of a Wireless Network, between Licensor and Licensee dated MONTH 20_ ("Agreement"). All of the terms and conditions of the Agreement are incorporated hereby by reference and made apart hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Site License,the terms of this Site License shall govern. Capitalized terms used in this Site License shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Proiect Description and Locations, Licensee shall have the right to use the designated Street Light(s) for Equipment as further described in Exhibit I attached hereto (the"Licensed Area"). 3. Equipment.The Equipment to be installed at the Licensed Area is described in Exhibit I attached hereto. 4. Term,The term of this Site License shall be as set forth in Section 3 of the Agreement. 5. Fees.The initial Annual Fee for the term of this Site License shall be as determined in accordance with Section 4.1 of the Agreement, and as adjusted by Section 4 of the Agreement. The Application Fee paid upon submission of the request for this Site License by Licensee shall be as set forth in Section 4.1 of the Agreement, and Licensee confirms the prior payment to Licensor of the Application Fee upon submittal of the draft of this Site License. 6, Commencement Date, The first day of the month following the date Licensee has commenced installation of its Equipment at the Licensed Area. 7. Approvals/Fiber. It is understood anri agreed that Licensee's ability to use the Licensed Area is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee use of the Licensed Area as set forth above. In the event that: (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; (iv) Licensee determines that it will be unable to obtain in a satisfactory manner, or maintain any fiber or power connection; or (v) Licensee determines that the Licensed Area is no longer technically compatible for its use, Licensee shall have the A-1 right to terminate this Site License. Notice of Licensee's exercise of its right to terminate shall be given to Licensor in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by Licensee, or upon such later date as designated by Licensee. All rentals paid to said termination date shall be retained by Licensor. Upon such termination, this Site License shall be of no further force or effect except to the extent of the representations,warranties and indemnities made by each party to the other hereunder. Otherwise, Licensee shall have no further obligations for the payment of Fees to Licensor. [Signature page follows] A-2 EXECUTED to be effective as of the date shown above. LICENSOR: LICENSEE: City of Meridian Cellco Partnership d/b/a Verizon Wireless By: By: Print Name: Print Name: Its: Its: A-3 Exhibit I Licensed Area and Description of Equipment to be Installed A-4 EXHIBIT Licensee's Insurance Requirements I. �e A. Prior to performing work under this Agreement, Licensee shall furnish Licensor a certificate of insurance on a standard insurance industry ACORD form or its equivalent. The insurance coverage required must be issued by an insurer licensed, authorized or permitted to transact business in the State of Idaho, possessing a current A.M. Best,Inc. rating of A-VII or better. B. Licensee shall, and shall require any of its contractors or subcontractors to obtain and maintain substantially the same coverage as required of Licensee, procure and maintain, until all of their obligations have been discharged the insurances set forth below. C. The insurance requirements set forth in no way limit the indemnity covenants contained in thisAgreement. D. Licensor in no way warrants that the insurance limits contained in this Agreement are sufficient to protect Licensee from liabilities that might arise out of the performance of this Agreement by Licensee, and Licensee is free to purchase any additional insurance as may be determined necessary. E. Failure to demand evidence of full compliance with the insurance requirements in this Agreement or failure to identify any insurance deficiency will not relieve Licensee from, nor will it be considered a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 2. Scopeand Limits oHnsurance. Licensee shall provide coverage with limits of liability stated below. A. Commercial General Liability-Occurrence Form. Licensee must maintain Commercial General Liability insurance with a limit of$2,000,000 per occurrence for bodily injury and property damage and$4,000,000 general aggregate including premises-operations, products and completed operations, independent contractor, contractual liability, personal injury and advertising injury. B. Commercial Automobile Liability. Licensee must maintain Commercial Automobile Liability insurance in the amount of$1,000,000 combined single limit each accidentfor bodily injury and property damage covering all of Licensee owned, hired and/or non-owned vehicles assigned to or used in the performance of Licensee's work or activities under this Agreement. C. Workers Compensation and Emplovers Liability Insurance. Licensee must maintain Workers Compensation insurance in compliance with the statutory requirements of the state of operation and Employer's Liability with a limit of$1,000,000 for each accident; $1,000,000 disease for each employee; $1,000,000 disease-policy limit. B-I D. Builders' Risk/Installation Floater Insurance. Builders' Risk/Installation Floater Insurance must be maintained until completion of any construction activities ("Work"). (a) The Builders Risk/Installation Floater insurance must include as named insureds, Licensor, Licensee, and all tiers of contractors and others with an insurable interest in the Work. (b) The Licensee is responsible for payment of all deductibles under the Builders' Risk/Installation Floater insurance policy. 3. Additional Policv Provisions Reauji-ccl,. A. Miscellaneous Provisions. (1) Licensee's insurance coverage must be primary insurance with respect to Licensor, its officers, officials and employees. Any insurance or self-insurance maintained by Licensor, its officers, officials and employees shall be in excess of the coverage provided by Licensee and must not contribute to it. (2) Licensee's insurance must 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. (3) The policies must contain a severability of interest clause and the workers compensation will contain a waiver of subrogation against Licensor, its officers, officials and employees. (4) Licensee is required to maintain Commercial General Liability insurance as specified in this Agreement. Licensee must submit a Certificate of Insurance evidencing Commercial General Liability insurance evidencing the insurance requirement and, including the required Additional Insureds set forth herein. (5) If a Certificate of Insurance is submitted as verification of coverage, Licensor will reasonably rely upon the Certificate of Insurance as evidence of coverage but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. (6) Upon receipt of notice from its insurer, Licensee shall use commercially reasonable efforts to provide the Licensor with thirty (30) days prior written notice of cancellation. Such notice shall be sent directly to Licensor. B. Licensor as Additional Insured. The above-referenced policies shall, excluding workers compensation and employer's liability, include the Licensor, its officers, officials and employees as additional insureds as their interest may appear under this Agreement with respect to liability arising out of activities performed by Licensee. B-2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: FY24 Renewal Agreement for Dispatch Services between Ada County and City of Meridian AGREEMENT NO. 12695-6-23 RENEWAL OF AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN FOR FISCAL YEAR 2024 THIS RENEWAL OF AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN FOR FISCAL YEAR 2024 ("Agreement"), by and between Ada County ("County") and the City of Meridian, by and through the Meridian Fire Department ("City" or "Meridian Fire"), also individually or collectively referred to as "Party" or "Parties," is entered into for the purpose of establishing fire communication dispatch services for City to be supplied by County and for the payment of consideration by City to County for the provision of said services. It is further understood that, operationally, County means the Ada County Sheriff's Office ("ACSO"). WITNESSETH: WHEREAS, the Parties entered into Agreement No. 12695 on April 26, 2018, to allow County to furnish radio and telephone dispatch communication services and facilities to City; WHEREAS, Agreement No. 12695 provides that it may be renewed upon re-execution by both Parties for successive one-year (1-year) terms beginning October 1 through and including September 30 of the following year; WHEREAS, the Parties have continuously renewed Agreement No. 12695 through September 30, 2023; and WHEREAS, the Parties wish to renew Agreement No. 12695 for the term of October 1, 2023, through September 30, 2024, under the same terms and conditions, except as otherwise provided herein. RENEWAL OF AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN FOR FISCAL YEAR 2024 -PAGE I NOW, THEREFORE, the Parties hereby mutually agree as follows: 1. By the execution of this Agreement, both Parties hereby agree that Agreement No. 12695 will be renewed for the term October 1, 2023, through September 30, 2024, and that all terms and conditions of Agreement No. 12695 are hereby incorporated, as if set forth in full, and shall remain in full force and effect unless otherwise provided herein. 2. In consideration of the foregoing and pursuant to this Agreement and Appendix A attached hereto and incorporated herein, City hereby agrees to pay to County the sum of One Hundred Thirty-Five Thousand Eight Hundred Twenty and 00/100 Dollars ($135,820.00) for the services provided to City, paid in equal portions quarterly at the end of each quarter, to ACSO, within thirty (30) days following receipt of invoice. Said total amount shall be invoiced by ACSO in time for City to issue final payment to ACSO no later than September 30, 2024. 3. City's obligations under this Agreement to provide payment as described herein shall be subject to and dependent upon appropriations being made by the Meridian City Council for such purpose. The Meridian Fire Chief, in preparing Meridian Fire's Fiscal Year 2024 budget, shall include in the proposed budget the amount noted herein, which will be duly considered by the Meridian City Council along with the other proposed expenditures for Fiscal Year 2024. 4. Each individual executing this Agreement on behalf of a Party represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of said Party in accordance with duly adopted organizational documents or contracts and, if appropriate, a resolution of the Party, and that this Agreement is binding upon said Party in accordance with its terms. RENEWAL OF AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN FOR FISCAL YEAR 2024 -PAGE 2 IN WITNESS WHEREOF, the Parties hereto have subscribed their names on the following dates: ADA COUNTY CITY OF MERIDIAN Board of Ada County Commissioners Mayor By: By: Rod Beck, Commissioner Robert E. Simison, Mayor By: Signed this 11thday of July , 2023. Ryan Davidson, Commissioner ATTEST: By: Thomas Dayley, Commissioner Meridian City Clerk Chris Johnson Signed this_day of 2023. ATTEST: Trent Tripple, Ada County Clerk Ada County Sheriffs Office By: Matthew Clifford, Sheriff Signed this_day of ,2023. RENEWAL OF AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN FOR FISCAL YEAR 2024 -PAGE 3 Appendix A Projected Costs of Services Fire Contracts FY2024 [I page - attached] RENEWAL OF AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN FOR FISCAL YEAR 2024 -APPENDIX A FY 2024 Fire EMS Dispatch Contract - By Area 2022 Area Annual Contract Agency Responses Percent of Total Cost Qtr Amount % Change Prior Contract Boise Fire 22,452 29.3134% $ 342,210 $ 95,552.39 8.5% $ 312,990.43 Whitney Fire 1,494 1.9506% $ 22,771 $ 5,692.82 0.6% $ 22,631.02 Meridian Fire 81911 11.6342% $ 135,820 $ 33,954.99 3.4% $ 131,136.10 Eagle Fire 2,659 3.4716% 40,528 $ 10,132.01 7.0% $ 37,703.97 Gowen Field 42 0.0548% $ 640 $ 160.04 Kuna Fire 1,761 2.2992% $ 26,841 $ 6,710.22 -12.6% $ 30,217.88 Star Fire 1,121 1.4636% $ 17,086 $ 4,271.52 -24.7% $ 21,306.56 NACFR 2,046 2.6713% 5 31,185 $ 7,796.20 12.7% $ 27,223.44 EMS 36,107 47.1414% $ 550,337 $ 137.584.18 8.1% $ 505,785.98 Total 76,593 100.00% 1,167,417 291,854.36 6.7% $1,088,995.37 Cost per incident $ 15.24 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Budget Amendment in the Amount of$9,370.00 for City Hall Gym Treadmill Replacement 6/23/2023 8:17AM City of Meridian FY2023 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): C11%, Fund# Dept.# G/L# Proj.# G/L#Description Total 01 1540 1 41200 0 Wages 01 1540 41206 0 PT/Seasonal Wages 01 1540 41210 0 Overtime Please only complete the fields highlighted 01 1540 41304 0 Uniform Allowance in Orange. 01 1540 42021 0 FICA $ Amendment Details 01 1540 42022 0 IPERSI I $ Title: City Hall Gym-Tredmill Replacement 01 1540 1 42023 1 0 Worker's Comp $ Department Name: Human Resources 01 1540 1 42025 1 0 1 Employee Insurance $ Presenting Department Name: Human Resources Total Personnel Costs $ Department#: 1540 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 1540 57230 1 0 Wellness Program $ 9,370 $ 9,370 Project#: 01 1540 0 $ - 01 1540 0 $ Is this for an Emergency? ❑� Yes ❑ No 01 1540 0 $ New Level of Service? ❑ Yes No 01 1540 0 $ 01 1540 0 $ Clerks Office Stamp 01 1540 0 $ 01 1540 0 $ 01 1540 0 $ 01 1540 0 $ 01 1540 0 $ 01 1540 0 $ 01 1540 0 $ - Date of Council Approval 7-11-2023 Total Operating Expenditures $ 9,370 $ $ 9,370 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 01 1540 1 0 01 1540 0 �.Q 1 -'" C 01 1540 0 Department Director REVIEWED 01 1540 0 Ol 1540 0 By Todd Lavoie at 3:49 pm,Jun 27,2023 fields 6.27.23 01 1540 0 Chief Financial Officer Total Capital Outlay $ Revenue/Donations Approved Brad Hoaglun via email 6.27.23 Fund# Dept.# G/L# Proj.# G/L#Description Total C 6u cil Liaison 01 1540 1 0 1 �j 01 1540 0 16-28-23 01 1540 0 1 Mayor ,�- Total Revenue/Donations $ Total Amendment Request $ 9,370 Total Amendment Cost-Lifetime City of Meridian FY2023 Budget Amendment Form J:\New J Drive\Budget\Budget Prep Records-Semipermanent-10 Years\Budget 2023-2024-To Destroy 12.31.2034\Amendment\FY2023 Gym Tredmill Replacement.xlsx 6/23/2023 6:17AM City of Meridian FY2023 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Human Resources Funding 2023 2024 2025 2026 2027 Title: City Hall Gym-Tredmill Replacement Personnel $ - $ - $ $ - $ - instructions for Submitting Budget Amendments: Operating $ 9,370 $ - $ - $ - $ >Department will send Amendment with Directors signature to Finance(Budget Manager)for review Capital $ >Finance will send Amendment to Council ualson for signature Total _$ - $ 9,370 $ $ $ $ >Council uaison will send signed Amendment to Mayor Total Estimated Project Cost:_$ 9,370 >Mayor will send signed Amendment to Finance(Budget Manager) Evaluation Questions >Finance(Budget manager)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. >Department will add copy of Amendment to Councii Agenda using Municode Agenda Manager 1. Describe what is being requested? The City Hall Gym currently has two treadmills that need to be replaced as they are not functioning properly as repair is not available due to the age of the machines. Operation of these machines opens risk for injury of City employees through shocking and sudden stops. Treadmills have been removed from operation until they are able to be replaced. 2. Why was this budget request not submitted during the current fiscal year budget cycle? Human Resources was not aware that either machine would stop functioning. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? Need to replace these highly utilized machines prior to the start of the next fiscal year. Additionally there is a 2-4 week lead time for replacements. 1 4.Describe the proposed method of funding? Iffunding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. S.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? No,Wellness has not been included in the strageic plan. 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No 8.Is the amendment going to result in the disposal of an asset? Yes or No F Yes _ 9.Any additional comments? Total Amendment Request $ 9,370 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2023 Budget Amendment Form J:\New J Drive\Budget\Budget Prep Records-Semipermanent-10 Years\Budget 2023-2024-To Destroy 12.31.2034\Amendment\FY2023 Gym Tredmill Replacement.xlsx STAR TRACO 4 SERIES The 4 Series cardio line from Star Trac is the perfect solution for the hospitality and multi-housing markets. With premium display options, quick select adjustment keys and optional personal viewing screen,the 4 Series provides smallerfacilities with the look and performance of a full commercial product. 4-TR TREADMILL DECK SYSTEM Reversible MDF deck with phenolic coating RUNNING BELT SYSTEM 22in(55cm)wide belt SIZE OF RUNNING SURFACE 60in x 22in(152cm x 55cm) ABSORPTION SYSTEM Triple cell cushioning system provides maximum shock absorption making the entire deck a sweet spot STEP UP HEIGHT 7in(17cm) INCLINE RANGE 0-15%max incline SPEED RANGE 0.5-12.5mph(0.5-20kmh) HEART RATE MEASUREMENT SYSTEM Telemetry and contact HR CENTER CONTROLS BAR Warm bar with contact HR and Emergency Stop DISPLAY Choose from Full Color 10"LCD,10"Capacitive Touchscreen or 15"OpenHub Touchscreen USER DETECT SYSTEM Yes,programmable on/off ACCESSORIES Bottleholder,pre-wired for PVS entertainment,USB port MAX USER WEIGHT 4501b(205kg) DRIVE SYSTEM 3 HP DC motor ELECTRICAL REQUIREMENTS 110V/15 Amp with standard outlet;or 220V/15 Amp ADDITIONAL FEATURES 3.5in rollers MATERIAL Powder Coated Steel Frame CUSTOMIZABLE Paint color options approval required STANDARD COLOR OPTIONS 60 Black LENGTH 81 in(206cm) WIDTH 32in(81cm) HEIGHT 60in(152cm) PRODUCT WEIGHT 399lbs(181 kg) SHIPPING DIMENSIONS 89in x 36in x 23in(226cm x 92cm x 59cm) SHIPPING WEIGHT 442lbs(201 kg) ADDITIONAL 9-3613-4TR-110-15A-101N-60BLK 700-0489-20 BLACK PVS,PAL TUNER w/4-TR MOUNT 9-3614-4TR-220CE-UL-101N-60BLK 700-0489-74 PVS,PAL TUNER w/4-TR MOUNT 9-3613-4TR-1 10-1 5A-10-TS-60BLK 700-0490-20 BLACK PVS,ATSC/NTSC TUNER w/4-TR MOUNT 9-3614-4TR-220CE-UL-10-TS-60BLK 700-0490-74 PVS,ATSC/NTSC TUNER w/4-TR MOUNT 9-3613-4TR-1 10-1 5A-1 5-ATSC-606LK 700-0491-20 BLACK PVS,PAL TUNER w/4-CT/UB/RB MOUNT 9-3614-4TR-220CE-UL-15-ATSC-60BLK 700-0491-74 PVS,PAL TUNER w/4-CT/UB/RB MOUNT 9-3613-4TR-1 10-1 5A-1 5-PAL-606LK 700-0492-20 BLACK PVS,ATSC/NTSC TUNER w/4-CT/UB/RB MOUNT 9-3614-4TR-220CE-UL-15-PAL-606LK 700-0492-74 PVS,ATSC/NTSC TUNER w/4-CT/UB/RB MOUNT Q STAR TRAC° ou o •. o 0 0 � � � o 0 0 0 0 m m m O o0o m or co < o �* o CONSOLES DISPLAY 4 Series 15"Touchscreen 4 Series 10"Touchscreen 4 Series 10" DISPLAY TYPE Capacitive Touchscreen Capacitive Touchscreen Full Color LCD Display,non-touch English,German,Spanish,Dutch, Portuguese,French,Italian,Swedish, English,German,Spanish,Dutch, English,German,Spanish,Dutch, MULTI-LANGUAGE OPTIONS Russian,Finnish,Danish,Chinese, Portuguese,French,Italian,Swedish, Portuguese,French,Italian,Swedish, Japanese,Turkish,Polish,Russian, Russian,Chinese,Japanese,Polish Russian,Chinese,Japanese,Polish Hebrew,Czech,Slovak PRE-PROGRAMMABLE WORK OUTS Yes,20+ Yes,20+ Yes,20+ QUICK START OPTIONS Yes,single button start options Yes,single button start options Yes,single button start options TV TUNER ENABLED Yes(Global IV tuner options) No No ETHERNET AND WIFI ENABLED Yes No No BLUETOOTH DATA TRACKING/APP Yes No No CONNECTIVITY BLUETOOTH HEADPHONES Yes No No BLUETOOTH HEART RATE Yes No No APPLE GYMKIT/SAMSUNG GALAXY Yes No No WATCH CONNECTIVITY RUNTV INTEGRATED WORKOUTVIDEOS Yes No No INTEGRATED WEB-BASED APPS Yes No No CUSTOMIZABLE HOME SCREEN Yes No No HDMI STREAMING Yes;cables not included No No USB USB port for software updates and USB port for software updates and USB port for software updates and device charging;cables not included device charging;cables not included device charging;cables not included RFID Optional No No IPTV/SET TOP BOX COMPATIBLE Yes,add-on accessories required No No ANT+FOR GROUP DISPLAY Yes No No PERSONAL FAN Yes,programmable auto start Yes,programmable auto start Yes,programmable auto start ASSET MANAGEMENT Ecofit Optional Ecofit Optional Ecofit Optional TABLET HOLDER Integrated front Integrated front Integrated front PVS No No Optional 800/900 MHZ RECEIVER No No No PVS FEATURES PVS 4 Series DISPLAYTYPE 15.6"HD LED RESOLUTION 1366 x 768 TUNER OPTIONS 1)ATSC/NTSC/QAM 2)PAVDVB-T/DVB-C DIGITAL AND ANALOG SUPPORT Yes SIGNAL INPUTS Coax,HDMI INPUT RF SIGNAL RANGE -70 dBm(Min) -10 dBm(Max) CLOSE CAPTION Yes HEADPHONE JACK 3.5mm on Display Core Health&Fitness is moreequipment, isolutions brought together five of the most recognizable fitness brands to ensure our customers can offer their members authentic SC#fW7r4M fitness experiences.Whether working with us directly or through our partners and distributors worldwide,we provide the rdAUTILUS- highest quality equipment backed by a service and support team that will always go the extra mile to get you what you need, ORE 57ARTRAC- our i decision. @2020 Cote Health&Fitness LLC.All rights reserved.Slar Trac.the Star Trac logo and Stahlilaster are registered trademarks of Core Health&Fitness,LI.C.Schwion and Nautilus are registered �.� Quote 1852 S. Century Way Date Quote# Boise, ID. 83709 208-345-2226 6/15/2023 6937 Bill To Ship To City of Meridian Reba White P.O. No. Terms Rep 50%Prepaid 50%Due on Receipt SAR Description Qty MSRP Total StarTrac 4TR Treadmill 1 4,649.00 4,649.00T Discount -829.00 -829.00 Freight-In Equipment 365.00 365.00T Delivery,Assembly&Installation 249.00 249.00 Sales Tax (6.0%) $251.10 *Pricing valid for 30 days* Total $4,685.10 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Net-Zero Budget Amendment in the amount of$16,195.00 for Community Risk Reduction Education Supplies 6/29/2023 3:15 PM City of Meridian FY2023 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E 01 2290 41200 1 0 Wages 01 2290 41206 0 PT/Seasonal Wages 01 2290 41210 0 Overtime Please only complete the fields highlighted 01 2290 41304 0 Uniform Allowance in Orange. 01 2290 42021 0 FICA $ Amendment Details 01 1 2290 42022 0 PERSI I $ Title: Community Risk Reduction Supplies 01 1 2290 1 42023 0 Worker's Comp $ Department Name: Fire 01 1 2290 1 42025 0 JEmployee Insurance 1 $ Presenting Department Name: Fire Total Personnel Costs $ Department#: 2290 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 2290 57400 0 Advertising/Promotional-Education M $ 16,195 $ 16,195 Project#: 01 2290 0 $ - 01 2290 0 $ Is this for an Emergency? ❑ Yes 0 No 01 2290 0 $ New Level of Service? ❑ Yes 0 No 01 2290 0 $ 01 2290 0 $ Clerks Office Stamp 01 2290 0 $ 01 2290 0 $ 01 2290 0 $ 01 2290 0 $ 01 2290 0 $ 01 2290 0 $ 01 2290 0 $ Date of Council Approval 7-11-2023 Total Operating Expenditures $ 16,195 $ $ 16,195 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 01 2290 0 01 2290 0 06.29.23 01 2290 0 Department Director 01 2290 0 REVIEWED 01 2290 0 By Todd Lavoie at 11:33 am,Jun 30,2023 jfleldS 6.29.23 01 2290 0 Chief Financial Officer Total Capital Outlay $ Revenue/Donations Approved Jessica Perreault via email 7.2.23 Fund# Dept.# G/L# Proj.# G/L#Description Total Coyfi—ci Liaison 01 1 2290 1 34800 1 0 Donation(Light My Fire) $ 13,200 01 1 2290 1 34800 1 0 JGrant(IFCA License Plate) $ 2,500 7-3-23 01 2290 34800 0 Donation(Citizens Donations $ 495 Mayor Total Revenue/Donations $ 16,195 Total Amendment Request $ - Total Amendment Cost-Lifetime City of Meridian FY2023 Budget Amendment Form F:\Budget\FY2023\FY2023 Amendments\Archived Working Copies\FY2023 Budget Amendment Form-Fire-Community Risk Reduction 6/29/2023 3:15PM City of Meridian FY2023 Budget Amendment Form Prior Years) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Fire Funding 2023 2024 2025 2026 2027 Title: Community Risk Reduction Supplies Personnel $ $ $ $ $ Insill for Submitting Budget Amendment-: Operating $ $ $ $ >Department will send Amendment with DimUors signature to Finance(Budget Analyst)for review Capital ➢ Finance will send Amendment to Council Liaison torsignature Total $ - $ - $ - $ - $ - $ - ➢Ccunci l Liaison wi 11 send signed Amen d me nt to Mayor Total Estimated Project Cost: $ ➢ Mayor will send signed Amendment to Finance(Budget Analyst) Evaluation Questions ➢ Finance(Budget Anal will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. ➢ Depart—twill add copy of Amendment to Council Agenda using ltl—Agenda Manager 1. Describe what is being requested? Spending authority of$16,195.00 for Community Risk Reduction education supplies. 2. Why was this budget request not submitted during the current fiscal year budget cycle? Donation amounts were not foreseen. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? Donations were given for FY2023 spending. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. Donation from Light My Fire INC.,Grant from the IFCAFirefighter License Plate Grant Program,and donations from Meridian citizens for smoke alarm and car seat programs. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network?(Yes or No) No — 8.Is the amendment going to result in the disposal of an asset?(Yes or No) No 9.Any additional comments? Finance has confirmed funds referenced in Revenue Section have been received Total Amendment Request $ - Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2023 Budget Amendment Form F:\Budget\FY2023\FY2023 Amendments\Archived Working Copies\FY2023 Budget Amendment Form-Fire-Community Risk Reduction E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Net-Zero Budget Amendment in the Amount of$13,000.00 for Addition of Flowering Cherry Trees at Kleiner Park Mayor Robert E. Simison E City Council Members: IDIAN*4-�- Joe Borton John Overton Liz Strader Jessica Perreault D A H O Brad Hoaglun Luke Cavener MEMORANDUM TO: Mayor Simison and City Council FROM: Mike Barton,Parks Superintendent DATE: June 12,2023 RE: Net Zero Budget Amendment Background Gene Kleiner proposed an idea of adding flowering Cherry trees to Kleiner Park. We've been working with Mike Kleiner on quantity, location, and cost.A total of 15 trees would be planted at two locations. The locations Mike Kleiner approved are around the Gene Kleiner statue(this requires replacement of existing Honey Locust trees) and around the Memorial Plaza near the Senior Center.Mike Kleiner has agreed to fully reimburse the City for the cost of this project. Council Action: Approve a net zero budget amendment in the amount of$13,000 to add flowering Cherry trees to Kleiner Park. 6/26/2023 2:19 PM City of Meridian FY2023 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total C�/W IDIAN -' 01 5210 41200 0 Wages 01 5210 41206 0 PT/Seasonal Wages 01 5210 41210 0 Overtime Please only complete the fields highlighted 01 5210 41304 0 Uniform Allowance in Orange. 01 5210 42021 0 FICA $ Amendment Details 01 5210 42022 0 IPERSI I $ Title: Cherry Tree Planting in Kleiner Park 01 5210 1 42023 0 Worker's Comp 1 $ Department Name: Parks and Recreation 01 5210 1 42025 0 lEmployee Insurance 1 $ Presenting Department Name: Parks and Recreation Total Personnel Costs $ Department#: 5210 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 5210 0 $ Project#: Total Operating Expenditures $ - $ - $ - Clerks Office Stoma 7-11-2023 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 01 5210 53110 0 Forestry Expense $ 13,000 01 5210 0 St.� 6/26/23 01 5210 0 Department Director 01 5210 o [REVIEWED fields 6.26.23 O1 5210 0 Todd Lavoie at 3:23 pm,Jun 26,2023 01 5210 0 Chief Financial Officer Total Capital Outlay $ 13,000 Revenue/Donations Approved John Overton via email 6.26.23 Fund# Dept.# G/L# Proj.# G/L#Description Total Cou iciH Liaison 01 5210 1 53110 1 0 1 Forestry Expense $ 13,000 01 5210 1 1 0 6-27-23 01 5210 1 1 0 1 Mayor Total Revenue/Donations $ 13,000 Total Amendment Request $ 13,000 City of Meridian FY2023 Budget Amendment Form F:\Budget\FY2023\FY2023 Amendments\1.Pending Amend ments\2023-budget-amendment-form Kleiner Park Cherry Trees 6/26/2023 2:19 PM City of Meridian FY2023 Budget Amendment Form Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Parks and Recreation Funding 2023 2024 2025 2026 2027 Title: Cherry Tree Planting in Kleiner Park Personnel $ $ $ $ $ I—Lruid—for Submitting Budget Amendments: Operating $ - $ - $ - $ - $ - > Department will send Amendment with Directors signature to Finance(Budget Manager)for review Capital $ 13,000 > Finance will send Amendment to Council Liaison for signature Tota l $ - $ 13,000 $ $ $ $ s C.—il Liaison wm send signed Amendment to Mayor Total Estimated Project Cost: $ 13,000 > mayor will send signed Amendment to Finance�BudgetManager) Evaluation Questions ➢ Finance(Budget Manager)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. > Department will add ropy or Amendment to Council Agenda using Municode Agenda Manager 1. Describe what is being requested? Gene Kleiner proposed an idea of adding Flowering Chrerry trees to Kleiner Park.We've been working with Mike Kleiner on quantity,location and cost.A total of 15 trees would be planted at two locations.The locations Mike Kleiner Mike approved are around the Gene Kleiner statute(this requires replacement of existing Honey Locust trees)and around the Memorial Plaza near the Senior Center.Mike Kleiner has agreed to fully reimburse the city for the cost of this project. 2. Why was this budget request not submitted during the current fiscal year budget cycle? New idea. 3. What is the explanation for not submitting this budget request during the next fiscal vear budget cycle? The Kleiner family would like to see these trees planted ASAP. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No 8.Is the amendment going to result in the disposal of an asset?(Yes or No) 9.Anv additional comments? This is a net zero budget amendement. Total Amendment Request $ 13,000 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2023 Budget Amendment Form F:\Budget\FY2023\FY2023 Amendments\1.Pending Amendments\2023-budget-amendment-form Kleiner Park Cherry Trees E IDIAN.;--- AGENDA ITEM ITEM TOPIC: Department Reports A24 , N i r , .**** ON T H!/ •'� *.« O m MWR 0 ti A U G U St **{'•***** GOWEN THUNDER is a joint military open house and airshow event presented by the Idaho National Guard (IDNG) and coordinated by the IDNG's Morale, Welfare and Recreation Program, a 501(c)(19) nonprofit , . veterans' organization MISSION & VISION Host a one-of-a-kind, free, Celebrate achievements Inspire Patriotism & family-friendly community event in the Military & Aviation Ignite the Imagination T M ***� **# O * O m A * MWR EAE�aE, o * A U G 2017 HIGHLIGHTS: 125,000 estimated attendance, by city: • Boise - 35% • Meridian - 20% do • Nampa/Caldwell - 20% • Eagle - 10% m N1I�0blli I FINDS III AJlliK 2023 ESTIMATES: • 150,000 attendees expected • 53% of attendees are ages 25-49 rr • 50% of attendees will bring children • 63% of adult attendees are homeowners 0 $4.6 Million Local Economic Impact ON T H` s• r +x o : MWR xne enecnean 'f°sF • rye 2023 HIGHLIGHTS ** A UGUSS • U.S. Air Force Thunderbirds demonstration squadron • U.S. Army Golden Knights parachute team • F-35A Demonstration Team • Idaho National Guard Combined Forces Demonstration • U.S. Air Force "Heritage" Flight (F-35 & P-51 Mustang) • 41h Cavalry Division's Mounted Color Guard • Civilian Performers: - Jet Waco Jack Links, Flying Circus Cub, Misty Blues All-Female Parachute Team, "Top Gun Experience" and more... • PLUS: STEM Expo Center, Food Trucks, Vendor Booths, Ground Display Aircraft, Band performances and much more .**** O * O m 0 A * MWR , EAE�aE�,� O SE- AUGUSS bti BOISE AIRPORT *'•*:.��,.,...,.,�,..,**'* #►x iF NORTH Bus Drop-Off ENTRANCE GROUND AIRCRAFT DISPLAYAREA �- SOUTH _ Bus Drop-Off — ENTRANCE ►d�r,A J .a ,�G'Rsiy D,sT OA/ GO E14THUNDER ARE No Rs4 I R 5 HOW y�SjraRsyFa PARKING AREAS FOR 30,000 VEHICLES ALL LOCATED WITHIN 4 MILES OF GOWEN FIELD GUESTS WILL BE BUSSED TO/FROM PARKING AREAS TO THE AIRSHOW center 4 4 C Iv IV 1 ! 2 s LEGEND r t Crowd Fencing (Cnm) of , -- Bicycle Fencing(Rigid) liospi�alily Ten s 4 , Medical kid Stati-ons Vendor Tents Vendor Tents(unassigred) M Map Boards Water L ales Tents Beer Sales Tents Parts-Potties GDWEN THUNDER x0 2a4 a Soo (100'GRID) *** * * o , : MWR * �l EAE�11"�� SE 1 ,ybry ♦*fa•.irvo rxa ii oxz.x``" # A U r U 2023 BUDGET: $750,000 • Military-related expenses are paid with appropriated (federal) funds (-$250K) • $500K must come from sponsorships, VIP ticket sales & vendor sales SUPPORT THE GUARD: SPONSOR AND ATTEND GOWEN THUNDER • The ONG is Idaho's 4t" Largest Employer (6,000+ employees) • Total annual economic impact: $600 Million • 534 Idaho National Guard members (+ families) reside in Meridian SUGGESTED AVENUES OF MERIDIAN SUPPORT: • Cash Sponsorship • STEM Expo Center • Buses & Drivers (!!!) 0 Promote the event to your community AIRS HOW 2023 T H U DER J�SICA BATE �o E N N SPONSORSHIP DIRECTOR info@gowenthunder.org (208) 272-8235 Gowen Thunder proceeds to benefit the Idaho National Guard's Morale, Welfare and Recreation fund. The MWR is a 501(c)19 veterans' nonprofit organization that LT COLTONYVINCFTtT provides programs and services supporting the readiness EVENT DIRECTOR and resilience of the Idaho National Guard, service members, families and DoD retirees. For more anthony.vincelli.l@us.af.mil information, visit www.idngmwr.com (208) 272-4163 W IDIAN� AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Budget Amendment in the amount of$48,950.00 for City Hall Tenant Improvements C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Workshop Agenda From: Laurelei McVey Meeting Date: July 111h, 2023 Topic: FY23 Budget Amendment for City Hall Tenant Improvement Design (Fire And IT) in the Amount of$48,950 Areas in City Hall are needing to be remodeled to add additional hard-walled office space. Additional office space in the Fire Administration area and the Information Technology area will enable supervisors to be housed in offices that meet City Hall tenant improvement guidelines. The requested budget amendment in the amount of$48,950 is for professional services to design 6 offices in the Fire Administration area and 3 offices in the Information Technology area. Anticipated additional construction costs are approximately$547,000 to complete this project and will be brought forward as a future budget item. Questions related to this agreement should be directed to Laurelei McVey, Public Works, lmcvey@meridiancity.org, 208-985-1259. 7/3/2023 3:26PM City of Meridian FY2022 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN�--' 01 1850 41200 1322 Wages 01 1850 41206 1322 PT/Seasonal Wages 01 1850 41210 1322 Overtime Please only complete the fields 01 1850 41304 1322 Uniform Allowance highlighted in Orange. 01 1850 42021 1322 FICA $ Amendment Details 01 1 1850 42022 1322 PERSI $ Title: Tenant Improvements-Fire Admin and IT Offices 01 1850 42023 1322 Worker's Comp $ Department Name: City Hall 01 1850 42025 1322 Employee Insurance $ Presenting Department Name: Public Works ETotal Personnel Costs $ Department#: 1850 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 1850 1322 $ Project#: 1322 01 1850 1322 $ 01 1850 1322 $ Is this for an Emergency? ❑ Yes 0 No 01 1850 1322 $ New Level of Service? ❑ Yes 0 No 01 1850 1322 $ 01 1 1850 1322 $ Clerks Office Stamp 01 1850 1322 $ 01 1850 1322 $ 01 1850 1322 $ 01 1850 1322 $ 01 1850 1322 $ 01 1 1850 1322 $ 01 1850 1322 $ Date of Council Approval 7-11-2023 Total Operating Expenditures $ - $ $ Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 01 1850 96001 1 1322 CIP-Municipal Center $ 48,950 �/ �/ n^ , 1 7/3/23 01 1850 1322 1 Y 1 CJ�,I„e�� 01 1850 1322 Department Director 01 1850 1322 =REVIEWED jfields 7.5.23 01 1850 1322 at 8:59 am,Jul 06,2023 01 1850 1322 Chief Financial Officer Total Capital Outlay $ 48,950 Revenue/Donations Approved Brad Hoaglun via email 7.6.23 Fund# Dept.# G/L# Proj.# G/L#Description Total CouinaF,Liaison 01 1 1850 1 1 1322 01 1 1850 1 1 1322 �� 7-6-23 01 1850 1322 Mayor Total Revenue/Donations $ Total Amendment Request $ 48,950 Total Amendment Cost-Lifetime City of Meridian FY2022 Budget Amendment Form C:\Users\lmcvey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\J7JO3823\FY23 Budget Amendment-City Hall Tenant Improvement-IT and Fire-VS2-7-3-23 7/3/2023 3:26PM City of Meridian FY2022 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: City Hall Funding 2023 2024 2025 2026 2027 Title: Tenant Improvements-Fire Admin and IT Offices Personnel $ - $ $ $ $ f—tnr U.—for Submitting Budget A—d—t- Operating $ - $ $ $ $ ➢ Department will send Amendment with Directors signature to Finance(Budget Analyst)for review Capital $ 48,950 ➢ Finance will send Amendment to Council Liaison for signature Total $ - $ 48,950 $ $ $ $ ➢Council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 48,950 ➢ Mayor will send signed Amendmentto Finance(Budget Analyst) Evaluation Questions ➢ Finance(Budget Analyst)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. ➢ Department will add copy of Amendment to council Agenda using Novus Agenda Manager 1. Describe what is being requested? Several areas in City Hall are needing to be remodeled to add additional hard-walled office space. Additional office space in the Fire Administration area and the Information Technology area will enable supervisors to be housed in offices that meet City Hall tenant improvement guidelines. 2. Why was this budget request not submitted during the current fiscal year budget cycle? This project was not identified in time for the budget process. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? Delaying this project until FY24 is problematic as supervisory staff are currently working out of cubicles and temporary desks set up in conference rooms. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. General Fund 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No 1 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No 8.Is the amendment going to result in the disposal of an asset?(Yes or No) 9.Any additional comments? 1 Total Amendment Request $ 48,950 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2022 Budget Amendment Form C:\Users\lmcvey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\J7JO3823\FY23 Budget Amendment-City Hall Tenant Improvement-IT and Fire-VS2-7-3-23 Fire Admin 6 hard walled offices IT Admin 3 hard walled offices V IDIAN� AGENDA ITEM ITEM TOPIC: Public Works: Cost of Service Study and Proposed Fiscal Year 2024 Water and Sewer Fees C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Workshop Agenda From: Laurelei McVey, Public Works Meeting Date: July 11, 2023 Presenter: Laurelei McVey, Public Works Estimated Time: 15 minutes Topic: Cost of Service Study and Proposed FY24 Water and Sewer Fees Recommended Council Action: No official action required. The Department plans to hold a public hearing on the proposed rate increase in August 2023. Background: The Public Works Department has concluded efforts to complete a comprehensive cost of service study for both utilities (water and wastewater). The City worked with FCS Group, a financial consultant experienced in conducting such studies with municipalities all over the Northwest, as well as consulting with the City's Finance Department. The purpose of the study was to analyze and make recommendations around the City's Water and Wastewater Utility Rates and Fees. The scope of the study included the following: ➢ Revenue requirements for both utilities ➢ Cost to deliver services to customers for both utilities ➢ Recommendations around rate structure and updated fees ➢ Assessment Fee calculation: Methodology and Updated Charges ➢ Three opinion papers (development of customer classes, enterprise fund split, future replacement funding) The above outcomes where evaluated through the lens of several guiding principles that helped inform the study results. The recommendations would: ➢ Result in legally defensible rates/fees based on Idaho Statutes ➢ Adhere to City Financial policies and procedures ➢ Assume no debt financing options ➢ Minimize impacts to customers in terms of rate changes ➢ Treat each utility as a separate entity in terms of finances ➢ Align with industry best practices ➢ Recover costs equitably and provide maximum revenue stability Study Results and Recommendations: General findings confirmed that Meridian is in healthy shape from an Enterprise Fund perspective. The City also shared with FCS the intent to eventually separate each utility into its own fund (Water Fund&Sewer Fund) and FCS agreed that is an industry best practice. The study approached all analysis under that assumption. The Utility Assessment fees were recommended to be updated and implemented as soon as possible to ensure maximum legal defensibility. The updated assessment fees were presented and adopted by City Council in October 2022 (effective 11/1/22). Meridian's utility rates are legally defensible and financially sound with no further adjustments in calculation methodology; however,the City could move some of these initiatives forward to better represent true costs of service to various customer types in the future, if they chose. The recommendations listed below are just that, recommendations not requirements. Assessment Fees Findings and Study Recommendations: Connection fees (also commonly known as hookup fees and assessment fees) are an important mechanism to capture an equitable share of cost from development for water and wastewater system infrastructure. There is defined case law in Idaho that prescribes a methodology to accomplish this. This report applied that methodology to both utilities and calculated an updated fee to apply based on system value. Water Assessment Fee: ➢ The updated Water connection fee was calculated to be $1,514 per ERU, a reduction from the previous fee of$1,972. Wastewater Assessment Fee: ➢ The updated Wastewater connection fee was calculated to be $5,411 per ERU, an increase from the previous fee of$3,884. It was recommended that these fees be updated as soon as possible. These fees were updated in November 2022. It is also recommended that the City revisit these fees on a 3-year basis or anytime there are significant changes to the components that affect system value in the calculation. Water Utility Rate Findings and Study Recommendations: Findings: ➢ Base/Usage Rate Design: Some costs are incurred by the utility no matter the volume of water produced (base rate). Other costs are variable depending on the amount of water produced (use rate). Currently, not all costs that could be placed on the base rate are included in this portion of the rate. This structure does give the customer more control over their billed amount; however, it does not capture the true cost of providing service. Additionally, moving a higher portion of the rate to a fixed charge (where appropriate) also aids in greater revenue stability going forward. ➢ Customer Cost Allocation: Analysis suggests the residential customer class is subsidizing the other classes, to some degree on the water utility side. Some interclass adjustments could be warranted. This recommendation would create various rates for various customer classes, increasing the complexity of Meridian's rate structures. It should be noted that the creation of customer classes may not be feasible with the City's current billing software platform. ➢ Meter Size: In order to capture the difference in cost to supply customers of different meter size, a meter size-based rate schedule could also be introduced. However, this recommendation may not be feasible with the City's current billing software platform. Study Recommendations: ➢ Consider moving appropriate costs to the base portion of rate ➢ Consider 4 customer classes (Residential, Non-Residential, Builder, Sprinkler) ➢ Consider moving to a Meter Size base rate Wastewater Utility Rate Findings and Study Recommendations: Findings: ➢ Base/Usage Rate Design: Some costs are incurred by the utility no matter the volume of wastewater discharged. Other costs are variable depending on use. Currently, not all costs that could be placed on the base rate are included in this portion of the rate. ➢ Customer Cost Allocation: This is somewhat less complex than water rate design as all classes are treated in a similar fashion due to the functions of service being common to all customers. This eliminates the necessity of a more complex fee system; however, different classes of customers could be created if desired. It should be noted that the creation of customer classes may not be feasible with the City's current billing software platform. Study Recommendations: ➢ Consider moving appropriate costs to base portion of rate ➢ Consider 3 customer classes (Residential, Non-Residential, Builder) Additional Study Issue Papers: The final portion of the Rate Study includes three "Issue Papers"that addressed topics of interest that the City was seeking professional input on. The three topics included: ➢ "Customer Class and Rate Structure Alternatives": This paper explored rate setting philosophies and drivers that the City may want to explore in the future to adapt to the changing needs of the utilities and customers such as base versus usage and customer classes. ➢ "Enterprise Fund Separation": This paper reviewed the pros and cons of separating the Enterprise fund and discussed industry best practices. ➢ "System Reinvestment Funding": This paper focused on how to approach financing the replacement of aging infrastructure and recommendations specific to Meridian's system characteristics. Study Recommendations: ➢ Consider adopting a more complex customer class rate structure to better capture true costs of service. This is not a requirement, but is a best practice to ensure true cost of service is considered. ➢ Consider separating the Enterprise Fund into two self-sustaining utility funds. This is not a requirement, but is a best practice to ensure true cost of service is considered. ➢ Because the City's utility systems are relatively new, significant current reinvestment into or building savings for future system replacement is not warranted at this time. The City should continue to monitor and evaluate this. City of Meridian Utility Cost of Service Implementation Plan: Based on the study recommendations, the Public Works Department in conjunction with the Finance Department recommend the following implementation plan. 2022 (COMPLETED) ➢ Update and implement assessment fees as soon as possible (COMPLETED- Nov 1, 2022) ➢ Annual utility rate adjustments- 2% (COMPLETED-June 15,2022) 2023 ➢ Annual utility rate adjustments, as needed 2024 ➢ Sunset of EPA Fee (September 30, 2024) ➢ Consider implementing base/usage rate adjustments ➢ Consider creation of customer classes and meter size base rates ➢ Annual utility rate adjustments, as needed 202S ➢ Enterprise Fund Split ➢ Evaluate and update assessment fees ➢ Annual utility rate adjustments, as needed 2026 ➢ Annual utility rate adjustments, as needed 2027 ➢ Annual utility rate adjustments, as needed 2028 ➢ Update Cost of Service Study ➢ Evaluate and update assessment fees ➢ Annual utility rate adjustments, as needed FY2024 Recommended Rate Adjustments: In order to keep up with the rise in the ongoing operational and personnel costs, a rate increase of 3% is recommended by Public Works and the Finance Department for FY2024 (effective October 1, 2023). A 3% increase to both the water and sewer rates would result in approximately a $1.91/month increase to the average customer's monthly bill. Additional future rate increases are likely needed, but these increases will be modeled, analyzed, and brought to City Council annually. Due to Meridian's continued conservative and detailed financial planning,the City maintains some of the lowest utility rates in the Treasure Valley. The following table compares current neighboring utility rates. Additionally, it should be noted that several of the cities listed below are planning to implement additional rate increases in October that are not reflected in this table. Treasure Valley Monthly Water/Sewer Rates Assume 3/4 meter with Consumption of 6,000 gal Sta r $61.85 Meridian $63.59 Meridian(Proposed) $65.40 Caldwell $66.42 Kuna $70.26 Boise $82.02 Eagle Water $83.80 Notus $85.02 v Middleton a $86.56 Homedale $88.43 Emmett $95.70 Parma $96.11 Nampa $108.50 Wilder $109.80 Melba $110.87 Marsing $116.51 5 Szo.00 540.0o $60.00 Sso,00 $100.00 5120.00 Monthly Bill The Public Works Department, in alignment with the City's Finance Department, plans to conduct the appropriate public hearings in the summer of 2023 to include the proposed 3% rate increase recommendation. Questions related to this topic should be directed to Laurelei McVey, Public Works, lmcvey(@meridiancity.org, 208-985-1259. Water & Sewer Cost of Service Study Laurelei McVeyJuly 11, 2023Public Works FY24 Utility Rate Increase Proposaland Cost of Service Study Future replacement funding•Enterprise fund split•Development of customer classes•Three opinion papers:•Recommendations around assessment fee calculation•Recommendations around rate structures •Cost of Service •Revenue •Wastewater Utility Rates and FeesPurpose: Analyze and make recommendations around the City’s Water and •Meridian Finance Department•Meridian Public Works•FCS Group• Cost of Service Study City’s rate model is an accurate predictive tool•legally defensible and financially soundProcesses and methodology for establishing rates and fees are •Enterprise Fund is healthy, but will likely need rate increases •Results- Cost of Service Study Consider developing customer classes•Consider changes to base versus use expenses/rates••Review and update rates annually to maintain fund solvency•Update Assessment Fees (completed in 2022)•Recommendations:•Recommendations- Cost of Service Study-Cost of Service review•evaluate at least every 3 years-Assessment fees•Evaluate annual rate increase•Future/Ongoing•Enterprise Fund Split•investment)Assessment Fee Updates (at least every 3 years or sooner depending on system •Evaluate annual rate increase•FY25•Evaluate customer classes and base/use costs•EPA fee sunsets September 30, 2024•FY24 Rate Increase Proposed (3%)•FY24•Implementation Plan- FY24 Rate Increase Proposal$5.82$5.65(per 1,000 gallons)use charge –Sewer rate $9.08$8.82(administrative fee)base –Sewer rate $2.00$1.94(per 1,000 gallons)use charge –Water rate $5.77$5.60(administra tive fee)base –Water rate fee amountProposed new amountCurrent fee Fee description Oct 20233% IncreaseProposed Recycling Rates•Trash Rates•EPA Fee•Sewer Usage Rate•Sewer Base Rate•Water Usage Rate•Water Base Rate•Utility Bill Components•2% Increase in June 2022•2% increase Oct 2014•Previous Rate Increases• Baseline Rate Model Stability of rates•Stability of fund balance•5 years st Solvency, at least for 1•Save before you spend philosophy•Goals:Oct 2024sunsets in WW EPA Fee $3.75/month Note: The Nov 2022Nov 2022Last Updated:$5,411Current Sewer Assessment Fee$1,514Current Water Assessment Fee$6,925Total Assessment Fee$63.75Current Water & Sewer Rate (Avg Customer)Month Existing Rates & Fees– One model. This will be evaluated annually.remain solvent in the save before you spend Future rate increases will be needed to Note:3.75)-$61.91 (EPA Fee Sunsets(FY2025 on)$65.66 (+1.91)3% increase (FY24)Current RateMonthly RateAverage Customer $65.66 (+1.91)Proposed RateCurrent Rate time 3% Rate Increase- Average$88.36- Low Income Assistance Program customersFY22 provided assistance to 81 •appointment to determine eligibility(extension #27) to schedule an 2820-345-208Ada at-Contact El•receiving aidAda before -criteria determined by ElCustomers must meet financial •Action PartnershipAda Community -Administered by El•garbage utility billspayment of water, sewer, and $100.00 per year towards the Offers financial assistance up to •Meridian Cares Program• Schedule Proposed Effective Date (if approved by Council): Oct 1, 2023•, 2023 @ 6pm th Public Hearing: August 15•th Week of July 30th and Aug 5-Newspaper•Utility Bill th•Utility Bill th July 20•Publish Notice of Proposed Rate Increase & Public Hearing Date:• Questions 3% Increase Every YearBase & Usage Enterprise Fund time Expenses)-Capital Construction Projects (One•going Expenses)-Personnel, Operations, Maintenance (On•Expenses:•EPA Fee: ~$1.8M (4%)•): ~$3.03M (6%)etcMisc. (water meter sales, •Assessment Fees: ~$15.62M (31%)•Water/Sewer Rates: ~$29.25M (59%)•Budgeted Revenue Sources FY23 (~$49.7M):•