Loading...
HomeMy WebLinkAbout2023-12-12 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, December 12, 2023 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault (left at 6:23) Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Joe Borton PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Overton. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Elsinore Daycare Water Main Easement (ESMT-2023-0175) 2. Rustler Subdivision Temporary Construction Easement (ESMT-2023-0154) 3. TM Center East No. 1 Water Main Easement No. 1 (ESMT-2023-0176) 4. Final Plat for Ringneck Place Subdivision (FP-2023-0027) by RiveRidge Engineering Company, located at 2315 E. Ustick Rd. 5. Final Order for Pinedale Subdivision (FP-2023-0014) by Ackerman-Estvold, generally located at the east terminus of W. Newland St. in the Chesterfield Subdivision 6. Final Order for Skybreak Subdivision No. 3 (FP-2023-0017), by Conger Group, generally located in the southeast 1/4 of the northwest 1/4 of Section 4, T.2N., R.1E (Parcel# S1404233662) 7. First Amendment to Development Agreement (Sessions Parkway H-2023-0030) between City of Meridian and GFI - Meridian Investments, LLC for Property Located at 2700 N. Eagle Rd. 8. Agreement between the City of Meridian and Ballet Idaho, Inc. for use of Initial Point Gallery for Ballet Performance 9. Cooperative Agreement Between Western Ada Recreation District (WARD) and the City of Meridian for Financial Contribution to Support Licensed Recreational Activities 10. Dog Licensing Designee Agreements Between the City of Meridian and Meridian Veterinary Hospital, Pet Care Clinic, and Settler's Park Veterinary Hospital 11. Interagency Agreement between the Ada County Highway District and the City of Meridian for Water and Sewer Improvements for Eagle Rd., Amity Rd. to Lake Hazel Rd. and Eagle Rd. /Lake Rd. Hazel Intersection, ACHD Project No. 519034 & 319043 12. Declaration of an Emergency and Approval of Emergency purchase for the November 27, 2023 Meridian Road Water Main Break 13. Approval of Purchase Order #24-0163 to MetroQuip for one Vactor 2024 Water Recycler with a Kenworth 2025 Cab & Chassis for the not-to-exceed amount of $714,220.82 14. Approval of Purchase Order for the Not-to-Exceed amount of $480,558.60 to Kellermeyer Bergensons Services, LLC (KBS) for City Facility Janitorial Services 15. Approval of Product Sale Agreement with Trace3 for Nutanix Software Subscription and Support and authorize the Procurement Manager to execute the agreement and sign the PO for the Not-to-Exceed amount of $347,634.80 16. Resolution No. 23-2429: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Equipment to Chabad Lubavitch of Idaho, Inc.; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PROCLAMATIONS \[Action Item\] 17. Owyhee High School Girls Rugby National Champions PUBLIC FORUM – Future Meeting Topics DEPARTMENT / COMMISSION REPORTS \[Action Item\] 18. Fiscal Year 2024 Budget Amendment for a Not-to-Exceed Amount of $152,435.00 for Meridian Homecourt Bay 6 Tenant Improvement Approved Motion to approve made by Councilman Overton, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener ACTION ITEMS 19. Public Hearing for Crowley Park Subdivision (H-2023-0053) by Riley Planning Services, located at 4135 W. Cherry Ln. Approved Application Materials: https://bit.ly/H-2023-0053 A. Request: Annexation of 1.002 acres of land with an R-8 zoning district. B. Request: Combined Preliminary/Final Plat consisting of 4 residential building lots and 1 common lot (including one existing home to remain). Motion to approve made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 6:42 PM Meridian City Council December 12, 2023. A Meeting of the Meridian City Council was called to order at 6.01 p.m. Tuesday, December 12, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglan, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Members Absent: Joe Borton. ROLL-CALL ATTENDANCE _X_ Liz Strader Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is December 12th, 2023. Is it 6.01 p.m. We will begin this evening's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item up is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next up will be our meeting invocation, which will be delivered this evening by Pastor Vinnie Hanke. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection. Hanke: Mr. Mayor, Members of City Council, thank you again for the opportunity to come and pray for you and Merry Christmas to you all. God, thank you for this evening. We thank you for the City of Meridian and the civil servants that would give of their time to serve their neighbors. We pray a special blessing upon them tonight as they lead. Would you grant them wisdom and discernment. Would you grant us unity and kindness as a city. Will we be truly neighbors who love one another. We ask all these things for your glory and our good, through the name of Christ, amen. Thank you, sir. ADOPTION OF AGENDA Simison: Thank you, pastor. Okay. Next up is adoption of the agenda. Meridian City Council December 12,2023 Page 2 of 17 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move the adoption of the agenda as published. Overton: Second. Simison: Have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Elsinore Daycare Water Main Easement (ESMT-2023-0175) 2. Rustler Subdivision Temporary Construction Easement (ESMT-2023- 0154) 3. TM Center East No. 1 Water Main Easement No. 1 (ESMT-2023-0176) 4. Final Plat for Ringneck Place Subdivision (FP-2023-0027) by RiveRidge Engineering Company, located at 2315 E. Ustick Rd. 5. Final Order for Pinedale Subdivision (FP-2023-0014) by Ackerman- Estvold, generally located at the east terminus of W. Newland St. in the Chesterfield Subdivision 6. Final Order for Skybreak Subdivision No. 3 (FP-2023-0017), by Conger Group, generally located in the southeast 1/4 of the northwest 1/4 of Section 4, 12N., R.1E (Parcel# S1404233662) 7. First Amendment to Development Agreement (Sessions Parkway H- 2023-0030) between City of Meridian and GFI - Meridian Investments, LLC for Property Located at 2700 N. Eagle Rd. 8. Agreement between the City of Meridian and Ballet Idaho, Inc. for use of Initial Point Gallery for Ballet Performance 9. Cooperative Agreement Between Western Ada Recreation District (WARD) and the City of Meridian for Financial Contribution to Support Licensed Recreational Activities Meridian City Council December 12,2023 Page 3 of 17 10. Dog Licensing Designee Agreements Between the City of Meridian and Meridian Veterinary Hospital, Pet Care Clinic, and Settler's Park Veterinary Hospital 11. Interagency Agreement between the Ada County Highway District and the City of Meridian for Water and Sewer Improvements for Eagle Rd., Amity Rd. to Lake Hazel Rd. and Eagle Rd. /Lake Rd. Hazel Intersection, ACHD Project No. 519034 & 319043 12. Declaration of an Emergency and Approval of Emergency purchase for the November 27, 2023 Meridian Road Water Main Break 13. Approval of Purchase Order#24-0163 to MetroQuip for one Vactor 2024 Water Recycler with a Kenworth 2025 Cab & Chassis for the not-to-exceed amount of $714,220.82 14. Approval of Purchase Order for the Not-to-Exceed amount of $480,558.60 to Kellermeyer Bergensons Services, LLC (KBS) for City Facility Janitorial Services 15. Approval of Product Sale Agreement with Trace3 for Nutanix Software Subscription and Support and authorize the Procurement Manager to execute the agreement and sign the PO for the Not-to- Exceed amount of $347,634.80 16. Resolution No. 23-2429: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Equipment to Chabad Lubavitch of Idaho, Inc.; and Providing an Effective Date Simison: Up next to the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve the Consent Agenda and that the Mayor be authorized to sign and Clerk to attest. Overton: Second. Cavener: Second. Meridian City Council December 12,2023 Page 4 of 17 Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Those opposed nay. The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no my items moved from the Consent Agenda. PROCLAMATIONS [Action Item] 17. Owyhee High School Girls Rugby National Champions Simison: So, we are going to move on to proclamations. So, if I can have the -- I want to make sure I get these Owyhee High School girls rugby team and coaches join me at the podium. We will go ahead and do a proclamation. So, I had to check to make sure -- as I was talking beforehand my college's women's rugby team had their own special name that I wanted to know if you guys had a special name outside of just the school name, but we will -- we -- I'm not going to say what my college's women's rugby team name is. You can ask me offline later. But not on the record from that. But we are here today to celebrate achievement on the field for another one of the Owyhee High School teams. This is becoming a pattern here in our community. So, it's great that we can do that. So, we will go ahead and do a proclamation and, then, ask the coach to say a few words and one of the things we like to do is have all the teammates put -- say their name and their position and their year so it's part of the record as well and we have another proclamation that has all your names on it that will be entered into the record as well. But I will go into this and turn it over to you, coach. So, whereas being an Owyhee High School rugby player is more than making passes, catches, big hits and scoring tries, it's about developing leadership, character, confidence, resilience, discipline and mental and physical toughness, all traits needed to succeed on the field, in the classroom, and in life and whereas The Storm completed the regular season with a record of 18 and three and pulled off a 20 to seven -- to seven win in the semifinals to move on to the finals and whereas the hard work and dedication of the Owyhee Storm girls rugby team and coaches has resulted in a program to win the National High School Girls rugby championship as they took a 22 to 17 win in sudden death overtime, proving the team was in it to win it and, last, the third year Storm team led an excellent Idaho effort at the western regionals as five of the six top places were taken from Idaho teams to probably bring the trophy home to Meridian and whereas the leadership, training and discipline of their coaches helped all team members to focus their talents, passion and determination to become a winning team, with each player making valuable contributions to their victory. Therefore, I'm Mayor Robert E. Simison, hereby proclaim December 12th, 2023, as Owyhee High School Girls Rugby National Champions Day in the City of Meridian and call upon the community to join me in congratulating the Owyhee High Storm on the remarkable athletic achievement and for representing Meridian City Council December 12,2023 Page 5 of 17 Meridian so proudly in the state tournament. Dated this 12th day of December 2023. But first if we could have a round of applause. Bradford: Thank you, Mayor. This is just a great honor for these girls with how hard they worked. It's not always about wins and losses or championships that you win, but it's what they learn from it and how they can do a lot of hard work and determination and passion bringing forth success and that's not just in sports itself, but in life. So, hopefully, they can learn those lessons at a young age now, so they can take that in their life. So, thank you, girls, for all that work that you did. That's it. Featherstone: My name is Stacey Featherstone. I'm a senior and I play forward. Parry: My name is Allie Parry. I'm a freshman and I play forward. Homer: My name is Amanda Homer. I'm a sophomore and I play center. Smith: My name is Claire Smith. I played wing and I'm a junior. Kennedy: My name is Elsie Kennedy. I'm a junior and I play prop. Watts: My name is Kanani Watts. I am a sophomore and I played half. Smith: My name is Laila Smith. I'm a senior and I played kind of both forwards and backs I guess. Evans: My name is Elena Evans. I'm a senior and I played hooker. Metier: My name is Maddie Metier and I'm a senior and I play scrum half. Castillo: My name is Kalila Castillo and I'm a sophomore and I played wing. Mortensen: My name is Maycee Mortensen. I'm a sophomore and I'm a forward. Austin: My name is Sequoia Austin. I'm a senior and I played prop. Powell: My name is Tayana Powell. I'm a junior and I play prop. PUBLIC FORUM — Future Meeting Topics Simison: Okay. Mr. Clerk, did we have anyone signed up under future meeting topics? Johnson: Mr. Mayor, we did not. DEPARTMENT / COMMISSION REPORTS [Action Item] Meridian City Council December 12,2023 Page 6 of 17 18. Fiscal Year 2024 Budget Amendment for a Not-to-Exceed Amount of $152,435.00 for Meridian Homecourt Bay 6 Tenant Improvement Simison: Okay. Then with that we will move on to Item 18, which is our fiscal year 2024 budget amendment for a not exceed the amount of 152,435 dollars and I will turn this over to Mr. White. White: Mr. Mayor, Members of Council, thanks for having me tonight. As you said, I think Chris is going to put on the PowerPoint for my -- I hope. There we go. Like Mr. Mayor said, we are here to talk about a budget amendment for a possible TI project at the HomeCourt facility and what we are calling Bay Six, which is where the reSURGE Church is currently at. So, our objective tonight is to hopefully get you guys to approve the proposed tenant improvement and budget amendment for the HomeCourt. The purpose for the tenant improvement is really to provide a quality accessible and welcoming space for our community, bring Bay Six up to where we consider our standards when it comes to facilities and to make the space usable for different community education classes that we currently provide and some of them we want to provide. So, with that I will go through this. The reSURGE Church space right now -- the reSURGE Church notified us in August that they are going to be moving out February 29th of 2024. Maybe before that, but that's their -- their contract date. They have been in that facility for over 15 years. So, when they first installed that stuff -- so, as you can tell the -- the paint is 15 years, the flooring is 15 years, all that kind of stuff. It's about 7,200 square feet and the tentative date for us to want to use it is for our summer activity guide that comes out in June. So, our projected -- projected date is June of 2024 with our summer activity guide. The space currently consists of four small classrooms, offices, a large congregation slash large classroom area, lobby area and small kitchen area, restrooms, and some cold storage. And this little map here -- I'm a recreation guy, this -- I put this together, so it's not exactly to scale. I'm not going to lie. But it kind of gives you an idea of what the layout is with that. The tenant improvement we are proposing really is just flooring, paint and some miscellaneous IT needs and other things. So, I will get -- cut to the chase. I kind of broke it out into different projects, for lack of better words, over the whole project. It's basically replacing carpet in some of the areas. Paint. Phones. Cameras. WiFi. Other IT needs. Been working with IT on some of those needs to make sure that we get you the right numbers for that. Epiphanies basically and add tables, chairs, benches, all the things that we will need to host classes in there. Building signage. Rekeying doors. The outside. Putting a keypad on it. And just for your information we plan on running this Bay Six area like we do our current community center with a key code pad, instructors come in, come out, they use the space, they lock up, those types of things. So, we are not asking for additional staff or anything over there, it's just using it like our current community center. And, then, some miscellaneous repairs. They -- they haven't moved out yet, so it's hard to go and see what's there. So, I wanted to give a little bit of grace on that to where we can repair stuff if needed and that total TI is, you know, 142,057 dollars. On top of that we have been having some issues with -- when there is heavy use times at HomeCourt in general our -- our Rec1 software is a web-based software and it just runs super slow, gets bogged down. Credit Card processing bogs down. It times out. We have to do it Meridian City Council December 12,2023 Page 7 of 17 and before we know it we have a little bit of a line there when people are coming to check in. So, we would like to -- to throw that upgrade in there, too. It will allow us to have more of that -- I guess capacity for -- for WiFi stuff. Why replace the carpet? I wanted to give you guys an idea of what the carpet looks like right now. It's 15 years old. It's worn. It's used. It's been done. I just kind of wanted to show that. We need -- we need multipurpose flooring in the large room, congregation area is what I'm calling it, for dance, martial arts, a lot of the movement classes that we currently have. Carpet becomes a tripping hazard -- hazard and things. That's not desirable for those type of classes, like martial arts and dance. So, that's one of the proposals for that. And laminate in two of the four classrooms for easier cleanup, because we have a lot of art classes and things like that. So, that would help. Why do we need paint? You can kind of see there on the picture on the left -- it's kind of tough to see, but there is kind of two tone colors right there. They are not real straight. That's kind of all the way around there. There are some nicks and dings all over the wall from wall repairs that the church has done over the past 15 years that we just want to clean up, make it look presentable and welcoming. Signage. This is the first thing you see when you first pull into the HomeCourt, if you are familiar with the parking lot there. The entrance to that is right there. Just as you pull in it is right at the church front door. So, the current signage is the reSURGE Church. Obviously, that's where they are at. This is the -- the after is what we are -- what we are proposing for the signage on the front of the building. With that I will stand for questions. Simison: Thank you, Garrett. Council, questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Garrett, on the WiFi upgrade, is that going to be done sooner than the -- it sounds like it could be -- it's needed right now. Can that be done sooner than the other repairs and renovation to the other part or -- is it going to be still until June? White: Councilman Hoaglun, Mr. Mayor, that's probably a question for IT. That's why they are here. They are here to help me with IT needs. I can probably handle most of the other questions, but I believe it can, yes, based on the thumbs up I just got from Eli. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: If the signal was if we have the money we can get it done -- White: I think that's what I heard, too. Yeah. Cavener: Mr. Mayor? Meridian City Council December 12,2023 Page 8 of 17 Simison: Councilman Cavener. Cavener: Garrett, thanks for the update and, honestly, I appreciate kind of some of the presentation for us beforehand. We had a chance to kind of review it and get some of my questions answered. It's been a long time since I have been in that space, but if I remember there -- a lot of those rooms are kind of office rooms, like -- I think there is maybe even some small -- I guess maybe sort of like Sunday school space. Is it your plan -- are we -- are we going to demo walls? Are we going to reprogram? Are we going to utilize the existing wall setup as is? And, if so, maybe what's the programming benefits of using it as is, if that's the plan? White: Sure. Mr. Mayor and Councilman Cavener. We looked at ripping out walls and things and even ripping out walls the classroom spaces weren't as desired. We wanted to keep costs low, to be honest, because we were wanting to make this a bigger community center in the future. Well, not this space, but build a community center in the future. So, right now we are trying to keep costs low. The space that we are using is not as big as we want it to be, but it's functional and usable. So, we are looking at it as we can easily put photography classes in there, art classes in there with the current space and the current classrooms. There is actually four of them. There is about -- one of them is 220 square feet. The other one is 250 and two of them are 310 square feet. So, they are big enough for us to use for those types of classes. I hope that answers your question. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Garrett, it does and I recognize kind of we are in a unique season with the Parks Department. We have got this vision for -- for a community center. Certainly the HomeCourt is going to provide some relief as we kind of figure out our plans as a result of that. I just -- I recognize that it comes from me and I'm sometimes a little stickler when it comes to dollars, but I almost think if -- if we are going to start putting in carpet and painting, is it worth taking a second look to say how do we really want this space to function, not just in the short term, but long term and if that means combining, you know, two of those smaller classrooms into a more larger space -- I certainly am supportive. What I -- what I don't want to have happen is that we -- we do this and two, three years later you guys come back and say, you know, we have really thought about it, now we need to start removing walls. Oh, we should have done that three years ago. So, I mean has the department talked about that? Mr. Mayor, I don't know if -- I just want to make sure that we are meeting the long-term vision, as opposed to maybe just patching up what we have right now. Simison: Do you want to answer or do you want me to answer? White: I will let you take stab at it. Meridian City Council December 12,2023 Page 9 of 17 Simison: I'm sorry. I asked the same questions when I first saw what the TI was and to a certain extent it is -- I don't think we know if there is -- what we would want this to be long term, but are you going to skip budget amendment in three more years to come back and demo out the space? Not unless there is a demonstrated need for another reason other than this, but it's -- it's based off improvements. Now, you don't have to do any improvements, you can move in as is and call it good, but until we know the future of the community center I don't think we can answer the questions fully about what this one will be fully and any of those costs could be thrown away cost, because this could be turned into basics -- that -- where you are offering sports classes out of it and that's what they were trying to avoid was doing more work than necessary or what they thought was prudent at this point in time to get it usable. Because if you are doing stuff like that you are half a million, two million -- half a million to a million or more into a bay at the HomeCourt. Cavener: Mr. Mayor, if I may. Simison: Yeah. Cavener: To that particular point if that is something that's being contemplated, then, yeah, we shouldn't be putting in new carpet right now. Let's -- let's -- if -- if the program side is to expand the bays and more court space, great, but I don't want us to spend the dollars to re-carpet -- totally rip out the carpet or replace it with hardwood floor. So, what I'm hearing is what -- what's being proposed is viewed as the long-term solution and if that's -- if that's the plan, that's what the department said and that's where you are at, I'm here for two years and so I don't anticipate that we will get another budget request about HomeCourt in the next two years. I'm good with that. What the future holds is what the future holds, but if this is what the department's supportive of, then, I'm certainly supportive as well. White: Mr. Mayor, Councilman Cavener, we are totally supportive of this -- this tenant improvement. We did look at all these things. Mayor was absolutely correct. He did ask that same question and it's like this is what we are -- this is our preference for now, you know, and we plan on living with this for years to come and if we do have a different need -- or based on gaps in the community or just basic demand, then, we would come back in and talk to you guys about it. But, yeah, Mr. Mayor said it almost perfectly, so -- Cavener: Thank you. Simison: Council, any other questions? Overton: Mr. Mayor? Simison: Councilman Overton. Meridian City Council December 12,2023 Page 10 of 17 Overton: If there are no further questions, I would like to make a motion to approve fiscal year 2024 budget amendment for a not-to-exceed amount 152,430 dollars for the Meridian HomeCourt Bay Six tenant improvement. Cavener: Second. Simison: I have a motion and a second to approve the budget amendment. Is there further discussion? If not, Clerk call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. White: Mr. Mayor and Council, thank you guys very much. Appreciate it. Have a good rest of your night. ACTION ITEMS 19. Public Hearing for Crowley Park Subdivision (H-2023-0053) by Riley Planning Services, located at 4135 W. Cherry Ln. A. Request: Annexation of 1.002 acres of land with an R-8 zoning district. B. Request: Combined Preliminary/Final Plat consisting of 4 residential building lots and 1 common lot (including one existing home to remain). Simison: Thank you. You, too. With that we will move on to our Action Items for the evening. Up next is Item 19, which is a public hearing for Crowley Park Subdivision, H- 2023-0053. Ask the -- ask the staff -- to open the public hearing with staff comments. It's been a while since we have done a land use application, people. Hoaglun: Mr. Mayor, before staff begins, I just want to inform -- Council Woman Perreault has to exit the meeting, so there will be just the four of us tonight. Simison: Okay. I will turn this over to Stacy. Hersh: Good evening, Mayor and City Council. The applicant is here to present their project for Crowley Park Subdivision. The applications that were submitted were annexation and a preliminary plat. The site consists of 1.02 acres of land, zoned R-1 in Ada county, located at 4135 West Cherry Lane. History on the property is none. The Comprehensive Plan and FLUM designation is medium density residential. The Meridian City Council December 12,2023 Page 11 of 17 summary of their request is annexation of 1.02 acres of land with an R-8 zoning district, preliminary plat consisting of four residential building lots, including one existing home to remain and one common lot for Crowley Park Subdivision. The subject property is an enclave surrounded by existing single family residential homes. The subject site abuts an R-8 development to the west and south. To the east is an R-4 development and to the north are two R-4 developments. The 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 four lot subdivision for single family residential detached homes and one single family detached home at a gross density of 3.99 units per acre, which is within the desired density range of the medium density residential designation. A legal description and exhibit map for annexation are included. This property is within the city's area of city impact boundary. A preliminary -- preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed. The proposed use and density of the development are both consistent with the medium density residential FLUM designation. Proposed lots range in size from 5,148 to 9,524 feet square feet. The subdivision is proposed to develop in one phase as shown. The proposed plat appears to comply with the dimensional standards of the R-8 zoning district per the UDC. Lots taking access from a common drive do not require street frontage. Access is proposed from West Cherry Lane from a common driveway on Lot 1, Block 1. Direct lot -- direct -- direct lot access from West Cherry Lane for Lot 2, Block 1, is prohibited. The interior Lots 3, 4, 5, Block 1, are proposed to take access via a common drive to West Cherry Lane, meeting the street access requirements for the UDC. Common driveways shall serve a maximum number of four dwelling units. In no case shall more than three dwelling units be located on one side of the driveway. The applicant is proposing four dwelling units take access off the main common driveway. All four dwelling units are also located on one side of the driveway. However, three dwelling units are taking access via a side common drive that connects to the main common drive. The director has determined that the proposed orientation of the dwelling units off the side common drive meets the intent of the UDC code. Off-street parking is required to be provided in accordance with the standards listed in the UDC 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 applicant has provided an additional three parking stalls at the end of the common drive on the southeast side of the site for overflow parking. The existing home does not meet the required number of off-street parking spaces per the UDC for a three bedroom home. Four parking spaces are required, at least two in an enclosed garage and other spaces may be enclosed or a minimum of a ten by 20 foot parking pad. The existing home does not have an enclosed two-car garage. However, the required number of parking spaces is provided via an existing carport and driveway. The applicant is proposing to enclose the carport on the north and west side with the siding materials to match the existing house. The carport shares a roofline with the existing home and is currently accessed from the west. Access to the carport will change to the south upon approval and completion of the subdivision site improvements once the entry port to the carport is shifted to the south and the common drive is constructed. The applicant is also proposing to add a fence to provide additional screening of the carport from West Cherry Lane. The Meridian City Council December 12,2023 Page 12 of 17 existing home is recognized as nonconforming due to the off-street parking requirements in the UDC. Per the UDC no existing structure containing a nonconforming use may be enlarged, extended, construction -- constructed, reconstructed, moved or structurally altered, except through the approval of a conditional use permit. As a result of the nonconformity the applicant is required to apply for a conditional use permit for any future expansions on the property. A 25 foot landscape buffer is required along West Cherry Lane in accordance with the UDC. The landscape plan submitted depicts a 20 foot landscape buffer along West Cherry Lane that includes four existing trees. The applicant has proposed a water conserving design aimed to reduce the required landscape buffer to 20 feet in width. However, the proposed design lacks features like boulders, rocks and/or permeable hardscape materials, such as pavers, flagstone and other water conserving grasses. The design should incorporate plants and trees that thrive in climates with a proximity approximately one to 12 inches of annual rainfall. Staff recommends that the applicant revise the landscape plan to comply with the requirements for a water conserving design in accordance with UDC. Cherry Lane is improved with existing seven foot wide attached concrete sidewalks abutting the site in accordance with the UDC standard. Staff is not recommending that the sidewalk be replaced at this time with a detached sidewalk. Connection to city water and city sewer -- sewer services is required in accordance with the UDC. The existing home proposed to remain on Lot 2, Block 1, is required to connect to city water and sewer services within 60 days of it becoming available as set forth. Street lighting is required to be installed in accordance with city's adopted standards and specification ordinances. All fencing is required to comply with the UDC -- with the standards listed in the UDC. The applicant is proposing fencing in front of the carport for screening, provided there is not a conflict with the proposed layout of a fire hydrant service line. A detail of the fencing should be provided with the final plat. Underground pressurized irrigation is required to be provided to each lot within the subdivision as set forth in the UDC. Given that the property possesses irrigation rates and access to surface -- water rights should be used as the primary source over the groundwater well in accordance with the regulations of the Settlers Irrigation District. Building elevations -- there were three building elevations. Conceptual building elevations were submitted that demonstrate what future homes in this development will look like. Variations of one story homes with three car garages are proposed. The submitted elevations depict a number of different architectural and design styles with the field materials of lap siding, different coloring roof profiles and stone. I have also included some pictures of the existing home. The Commission did recommend approval of the project at the hearing. The summary of the Commission public hearing. In favor was Penelope Constantikes. Luke Gilbert. In opposition were none. Commenting was Bill Canfield, Judy Cartwright and Esther Burgoyne. Written testimony is none. The above people commenting -- their only concerns -- they were in favor of the project. Their only concerns were with the existing fencing deteriorating and falling down with the development and concerns were raised about the -- an existing big tree, its branches and roots extending both under and over the existing fence. Key issues of discussion by Commission were none. Commission changes to staff recommendation were none. Outstanding issues for City Council are none. Written testimony since the Meridian City Council December 12,2023 Page 13 of 17 Commission hearing is none. And this concludes staffs presentation and I stand for any questions. Simison: Thank you, Stacy. Council, any questions for staff? Okay. Then would the applicant like to come forward, please. Constantikes: Thank you, Mayor and Council. Penelope Constantikes representing the property owner Luke Gilbert. Post Office Box 405, Boise, Idaho. 83701. And if I might make a sidebar. I hope you don't mind. Because the parks folks who are here this evening -- my daughter plays in coed league and she has for about three years and I can't tell you how awesome your parks are maintained. It's really quite nice and I have gave them lots of kudos while I have the chance to talk to them about it. So, they do really a great job. The restrooms are always very clean and maintained and I noticed. So, thanks for doing that for your -- for everyone across the valley, actually. The applications before you this evening, as you know, are for an annexation with a zoning designation of R-8 and a preliminary plat for the redesigned Crowley Park, with a total of four detached single family residences. One existing residents and three new building lots for future homes. Stacy did mention that our density is 3.99 units per acre, which is consistent with the UDC and the Comprehensive Plan. There is one access point that has been approved by ACHD onto Cherry Lane. Two of the homes face north with access to the north. One home faces south with access from the south and the existing residence faces north with access from the east. I did want to mention also that there is a streetlight depicted on the plat. It's a little hard to find, but it's up by our access point onto Cherry Lane. The applicant and project team have reviewed the Meridian staff report and are in agreement with their findings and conclusions. The project engineer and I met with Public Works for detailed discussion prior to the P&Z hearing to fine tune the site layout with locations for water lines, the fire hydrant, and service line and source services to make sure we were in conformance with Public Works standards for easements. The outcome of the meeting was that the fire hydrant will now be located on the west side of the access drive to the northeast corner of the site. This location appears to allow the property owner to retain the two very large mature trees that are along the Cherry Lane frontage. The layout was provided to the Fire Department for early review by Deputy Chief Bongiorno. There was a follow up with the Fire Department regarding the adjusted location of fire hydrant and there don't appear to be any concerns with emergency services and the site design. Just a couple of highlights. It will add three additional p.m. peak hour trips to the Cherry Lane based on ACHD's analysis. We do have three additional guest parking spaces and these spaces are in addition to the two car garage as a minimum that come with each of the new homes and, then, the existing home has two covered spaces and, then, there are two spaces on the apron to provide a total of four and those spaces are ten by 20. Pedestrian access we moved to the west side of the site, so that people could walk out to Cherry Lane without being adjacent to the drive aisle. These homes are intended for the middle -- or sometimes referred to as workforce housing and these middle homeowners are essential services professionals, such as school teachers, fire department staff, police and professional nursing providers. Crowley Park will provide new home options in an existing established and mature neighborhood with adult trees consistent with Meridian City Council December 12,2023 Page 14 of 17 staffs comments that the proposed subdivision provides additional variety and mix of housing options in Meridian. There has been three neighborhood meetings. In consideration of the neighborhood comments, the site design pairs side yards of the new residences with the backyards of the adjacent existing residences. The purpose of that is because side yards don't get used much and so we maximize the layout to provide as much privacy as possible to the adjacent neighbors, since their backyards are adjacent to ours -- our site. The landscape architect has been notified about the updates to the landscape plan and -- and as delineated in the staff report. Stacy covered that in more detail. With a clear path forward based on the discussion with Public Works, the landscape plan will now retain the landscape buffer that we originally proposed between the existing home and the first route to the south of it and I was really pleased with that, because we had a nice landscape buffer in there. The Fire Department has been consulted about the revised fire hydrant, as I have already mentioned, and it appears to work well with emergency service access. Just briefly I would like to cover the treatment of the carport for the front existing residents. Access will be changed to the south and the north and west sides will be fully enclosed with siding to complement the existing residents. From the street it will appear like a garage. The apron adjacent to the carport provides two additional parking spaces for a total of four with the existing home. The location of the water service for the hydrant will allow fencing to screen the west side of the front lot, which eliminates any service line fencing conflicts. The project team will continue to work with Public Works as needed. They have been very helpful and got down in the weeds with us. We really appreciate their time and effort. As discussed in the project narrative, the property owner would like to retain the existing well for PI should it be needed. With that I would be happy to answer any questions or just have discussions with the Council on areas of concern. Your approval of the applications is respectfully requested. Thank you for your time and attention. Simison: Thank you, Penelope. Council, questions for the applicant? Constantikes: Thank you. Simison: Okay. Mr. Clerk, do we have anybody signed up to provide testimony on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. Is there anybody present who would like to come forward and provide testimony on this item or anybody online that would like to provide testimony? If you are online you can use the raise your hand function. Seeing no one wishing to come forward or raising their hand -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council December 12,2023 Page 15 of 17 Cavener: I don't see anybody -- oh, I guess we need to give the applicant -- if they want a rebuttal. Simison: Yeah. Let's give -- would the applicant like to make any final comments? The applicant says, no, they are good. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I did just want to briefly hear from the Fire Department to confirm that they don't have any concerns about access, just given the layout of the common drive and everything. Bongiorno: Mr. Mayor, Council Woman Strader, there is actually a fire department turnaround halfway down the driveway that we incorporated into it. It's hard to see it, but it's there. So, it's a full fire approved turnaround. There is a fire hydrant back there as well. So, we are -- we are good. Strader: Perfect. Thank you. Simison: With that do I have any more discussion or a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we close the public hearing on Item 19, application number H-2023- 0053. Strader: Second. Simison: Have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Cavener: Mr. Mayor? Simison: Council Cavener. Cavener: Appreciate the very thorough -- this is a small project, but there are some really unique pieces and I always appreciate how you kind of walk us through it. From my perspective this is a cut and dry in-fill application. Appreciate the applicant's work. The Planning and Zoning Commissioned did a really good job kind of vetting through Meridian City Council December 12,2023 Page 16 of 17 this and addressing some of those little concerns that popped up from the neighbors, which is probably why we don't have anybody here tonight. So, I'm happy to make the motion that we approve Item 19, application 2023-0053, include all staff and applicant testimony. Overton: Second. Simison: Have a motion and a second to approve Item H-2023-0053. Is there discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. Congratulations and thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: With that, Council, is there any future meeting topics? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No future meeting topics. I just -- before we adjourn I just want to thank and commend Council Member Strader for helping to organize a great event tonight. One of what I hope is a future annual event in our community and I appreciate you and our staff doing good work to accommodate all of this. This is another good step forward and another great event in Meridian. So, kudos to Council Member Strader and our staff. Simison: All right. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just want to thank you all again for being there and showing your support. Thank you. Simison: All right. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council December 12,2023 Page 17 of 17 Hoaglun: I move that we adjourn our regular meeting. Simison: 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 6:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 10-19-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 10-19-2023 E IDIAN;--- /hl R AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. i 3 1 7 CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: i • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic E IDIAN --- AGENDA ITEM ITEM TOPIC: Elsinore Daycare Water Main Easement (ESMT-2023-0175) Project Name(Subdivision):Elsinore Daycare ADA COUNTY RECORDER Trent Tripple 2023-069231 Lots 12 and 13 in Block 2 of Paramount Square BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/13/2023 08:11 AM Subdivision CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number:ESMT-2023-0175 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 12th day of December, 2023 between EIG14T PRI ID N MERIDIAN LLC, a Michigan limited liability company ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines and/or an above-ground hydrant and meter to be constructed by others; and WHEREAS,it will be necessary to maintain and service said pipelines,hydrant and meter from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains, hydrants and meters over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains, hydrants and meters and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: EIG14T PRI ID N MERIDIAN LLC, a Michigan limited liability company Reed Fenton, Manager STATE OF MICHIGAN ) ) ss County of OAKLAND ) This record was acknowledged before me on June 29, 2022 by Reed Fenton on behalf of EIG 14T PRI ID N MERIDIAN LLC in the following representative capacity: Manager. (stamp) Notary Sign tur ary o s sto My Commission Expires: kC�ouMM�yrn AChrq M ft CounH d 2 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-12-2023 Attest by Chris Johnson, City Clerk 12-12-2023 STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 12-12-202320 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 3 TEALEY'S LAND 12594 W. Explorer Drive, Suite 150• Boise, Idaho 83713 SURVEYING (208) 385-0636 a] Fax (208) 385-0696 Project No.: 4858 EXHIBIT "A" Date: July 1, 2022 Revised: November 9, 2023 DESCRIPTION OF CITY OF MERIDIAN WATER MAIN EASEMENT FOR EIG14T PRI ID N MERIDIAN LLC (PRIMROSE SCHOOLS) A parcel of land being a portion of Lots 12 and 13 of Block 2 of Paramount Square Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 109 of Plats at page 15586, said parcel being situated in the SE 1/4 of Section 25, TAN., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southeast corner of said Section 25, marked by a brass cap; thence along the South line of said Section 25 North 89027'26" West 743.48 feet to a point on the extended West line of said Lot 13; thence along said extended West line and the West line of said Lot 13 North 00023'20" East 183.69 feet to the Northwest corner of said Lot 13 which point is the POINT OF BEGINNING, marked by an iron pin; thence along the West line of said Lot 12 North 00023'20" East 15.50 feet to a point; thence at right angles South 89036'40" East 24.00 feet to a point; thence South 32006'40" East 33.50 feet to a point; thence at right angles South 57053'20" West 32.00 feet to a point; thence at right angles North 32006'40" West 27.94 feet to a point on said West line of Lot 13; thence along said West line North 00023'20" East 6.38 feet to the POINT OF BEGINNING Said Parcel Contains 1245 Square Feet, more or less. �¢L L AN�jS d � 34 0 OF ,1, REVISED EXHIBIT "B" - CITY OF MERIDIAN WATER MAIN EASEMENT FOR EIG14T PRI ID N MERIDIAN LLC I - - - (PRIMROSE SCHOOLS) IN LOTS 12 & 13, BLOCK 2, PARAMOUNT SQUARE SUBDIVISION, LYING IN THE SE 1/4, SECTION 25. TAN., R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO I w I I LLI z / aLd' IY I /4/ 0 z J NORTH Z 1 1 - 0 20 40 80 N 00'23'20" E 1 15.50, S 89 " E SCALE IN FEET POINT OF BEGINNING \1 /24.0000' I' - 40' NW CORNER LOT /3 S 32°06'40" E N 00'23'20 E - 6.38 i N I � \\ i 32.00' S 57'53'20" W 14347 0 27.94' a N 32"06'40" W l' I q�TE 0 F \ A. ` '� I m � wl N 60' m I 1 N OI Z �j3�96 I + R05• 1 0 I Q a 0 I � I _ Z o a o w 1 f m z 25 1938.50' --�`I1 __ _ I -- 743.48' ——_ 25 30 3" 6 I N 89°27'26" W 2681,98' _ 36 31 WEST McMILLAN ROAD IV9123 — REVISED WATER EASEMENT TEALEY'S LAND SURVEYING 12594 W. EXPLORER DRIVE, SUITE 150, BOISE, ID 83713 4858—Eo5e—Woier.dwg 07-01-22 15:52 20 dmorks 208-385-0636 E IDIAN --- AGENDA ITEM ITEM TOPIC: Rustler Subdivision Temporary Construction Easement (ESMT-2023-0154) ADA COUNTY RECORDER Trent Tripple 2023-069232 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/13/2023 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE Rustler Subdivision: ESMT-2023-0154 ILMEMARILMSIBULTIM LASEME1 THIS Agreement,made thisl2thday of_Dec. , 20 23 between Taylor Schmidt and Bailey Schmidt ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, Grantor has provided a water main and/or sanitary sewer;pipeline right-of- way easement across the premises and property adjacent to the Temporary Construction Easement hereinafter described; and WHEREAS,the utility infrastructure is to be provided for through an underground pipeline to be constructed by others; and 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 a temporary easement right-of-way over and across the following described property: (SEE ATTACHED EXHIBIT A and B) This Temporary Construction Easement is for the purpose of construction of a water main and/or sanitary sewer line and related incidental work and storage of materials related to the construction process:- TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its contractors, agents, successors and assigns. This easement shall terminate and expire 30 days after the installation and acceptance of said underground utility infrastructure by the Grantee: IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sanitary sewer and/or water main infrastructure, 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 hereby covenants and agrees that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area TEMPORARY CONSTRUCTION EASEMENT REV. 10/18/2023 described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby 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 they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement. This easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Taylorehmidt Vailey S dt-� �( STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on 10 (date) by Taylor Schmidt and Bailey Schmidt husband and wife, property owners. (stamp) Notary Signature =NOTARY My Commission Expires: TEMPORARY CONSTRUCTION EASEMENT REV. 10/18/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-12-2023 Attest by Chris Johnson, City Clerk 12-12-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-12-2023 (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 TEMPORARY CONSTRUCTION EASEMENT REV. 10/18/2023 EXHIBIT A DESCRIPTION FOR THE CITY OF MERIDIAN TEMPORARY SANITARY SEWER AN AREA OF LAND BEING THENORTHERLY 25 FEET OF THE SOUTHERLY 50 FEET OF LOT 7, BLOCK 1,STETSON ESTATES NO. 2 SUBDIVISION,AS FILED IN RECORDS OF ADA COUNTY IN BOOK 8 OF PLATS AT PAGES 8563, 8564, 8565 AND 8566,IN THE WEST 1/2 OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 1 WEST,BOISE MERIDIAN,BOISE CITY, ADA COUNTY, IDAHO,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A BRASS CAP MARKING THE NORTH 1/4 QUARTER CORNER OF SAID SECTION 26 BEING S89034'06"E 2655.19 EAST OF A BRASS CAP MARKING THE NORTHWEST CORNER OF SAID SECTION 26;THENCE N 89°34'06" W 1327.33 FEET ALONG THE NORTHERLY BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION TO A 5/8-INCH REBAR MARKING THE WEST 1/16TH CORNER OF SAID SECTION;THENCE S 0°03'25"W 1328.54 FEET ALONG THE WESTERLY BOUNDARY OF THE NE '/4 NW '/4 OF SAID SECTION TO A 5/8-INCH REBAR MARKING THE NORTHWEST 1/16TH CORNER OF SAID SECTION AND NORTHWEST CORNER OF SAID LOT 7;THENCE CONTINUING S 0003'25"W 827.01 FEET ALONG SAID WESTERLY BOUNDARY TO A 5/8-INCH REBAR MARKING THE SOUTHWEST CORNER OF SAID LOT 7;THENCE N 0'03'25"E 25.60 FEET ALONG SAID WESTERLY BOUNDARY OF SAID LOT 7 TO A POINT.,ALSO BEING THE POINT OF BEGINNING; THENCE N 0°03'25"E 25.60 FEET ALONG SAID WESTERLY BOUNDARY OF SAID LOT 7 TO A POINT. THENCE N 77°34'48"E 531.40 FEET ALONG A LINE 50 FEET NORTH OF AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID LOT 7 TO A POINT OF NONTANGENT CURVE ON THE WESTERLY BOUNDARY OF SAID LOT 7; THENCE ALONG A NONTANGENT CURVE[CE5] TO THE LEFT ALONG THE SAID WESTERLY BOUNDARY 25.60 FEET WITH A RADIUS OF 350.00 FEET THROUGH A CENTRAL ANGLE OF 4°11'24" WITH A CHORD BEARING S 0'05'46"E 25.59 FEET TO A POINT; THENCE S 77°34'48"W 531.41 FEET TO THE POINT OF BEGINNING. BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF THE NORTHWEST'/4 OF SAID SECTION 26 BEARING S 89034'06"E TEMPORARY CONSTRUCTION EASEMENT REV. 10/18/2023 Exhibit B S�c',rlZiS"F 26,55.1.9' ? ^.} N HCICb4Y r4ri{0 1 «� n&"Z CRP r, 7-96' 1.3ZT.T3' ,Y 1/4 GAi}V£F SiL7KbV<^6 caw/1416-0&a9J0 +r r/,6 2Wl{4R C zE Gl r/t1 m-d3c^7JJ ;rwr c(r cowil A;Lror CAAFIMwet7 50'ALE'FSS AWI-OF--WAY, RAMMED SWU RUSIL£R Pw AMC RI) 12'(6'EAW Ski OF 8b1alAMr)PaW I c� I S/EiRaY BMW AV UTMNU,, A4JAG4MV&ORAA1 W F"ACM, I S I sumwm ti At4M(0?1 d R2) I I o w LOr 6 I I LOT f S 89'39'11_E 502.01' U � SfF1W E37AIt8 W 2 CE R rF c o N � 11'HOX UIUMi N v IldflG4TA7N d N N HARED(RI 6 R2) N `v 0 4tN u7 z h o 25 SEWER AND WATER EASEMENT - m co 0 N w 50'ACCUS EA00T LOT 15 AM I.7W PURM 50M RUSUR cr) c; o SIFISZA'V E37AIFS AV.. Z z smwhtxw LOT 7 y �' ry o No h 25'TEMPORARY SEWER CONSTRUCTION GE5 c"`s LOT 14 �I CE4 �'�,pLL Lr £ 53 'aR" .314r o�g 4��tSTE s�'PG s, 'As 533 G1' Or a a 3 25 50' S 77" 61 25'SEWER EASEMENT Ny'' 11/220 19TE OF 6'Rac umm� Ard4 Aw#t W. :if, ra a :sr LAQIdIWGi�Fi1.ZWM7 PYAM(R2) \ REVISION: BY: RUSTLER SUBDIVISION BRIGGS ENGINEERING,INC. STETSON ESTATES NO.2 SUBDIVISION. 1-01'7 ADA COUNTY,IDAHO S R I G G_S_ 5n1L IOF1 CITY OF MERIDIAN - EASEMENT CIVIL STRUCIURAL IANDSURVEY TEMPORARY SEWER 5999IV STAR A-GM-�+UN.10*06370'123er3= 9710 EXHIBITB D'WO DATE OYYG NQ KALE mese Qraw•mps.a any pwRor thereof.»a wt be used—j^v Pro,ed NOVEMBER2022 210708-EASEMENT 1"=150' Ct ell r."nsclftiProle:te>=1tywr..treiagraem tlrombrggs CITYQF MERIDIAN E^R'^ '^B•Inc TEMPORARY CONSTRUCTION EASEMENT REV. 10/18/2023 E IDIAN --- AGENDA ITEM ITEM TOPIC: TM Center East No. 1 Water Main Easement No. 1 (ESMT-2023-0176) Proiect Name(Subdivision):. ADA COUNTY RECORDER Trent Tripple 2023-069233 TM Center Fast Subdivision No. 1 BOISE IDAHO Pgs=12 BONNIE OBERBILLIG 12/13/2023 08:13 AM Water Main Easement Number:, I 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). ESMT-2023-0176 WATER MAIN EASEMENT THIS Easement Agreement, made thisl2th day of December 20 23 between DWT Investments LLC, SCS Investments LLC and BVB Ten Mile Crossing Annex,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. [END OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Page 2 Version 04/17/2023 GRANTOR: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, Manager By: Robert L. Phillips, President STATE OF IDAHO ) :SS. County of Ada ) On this the.-�7 day of November, 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 corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such company executed the same. IN WTINESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. =Public HAN te of Idahor 20181002s Jun 1, 2024 Notary Public for Idaho WWWWWWWWWW My Commission Expires: — �— GRANTOR: SCS INVESTMENTS LLC an Idaho limited liability company By: lzl'yll"4y�(j Michael A. Hall, President STATE OF IDAHO ) :SS. County of Ada } On thisa I day of November, 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 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. SHARIVAUGHAN Notary Public-State of Idaho Notary Public for Ida O Commission Number 20181002 My Commission Expires Jun 1, 2024 My Commission Expires: — LZ/ GRANTOR: BVB Ten Mile Crossing Annex, LLC an Idaho limited liability company By: BV Management Services, Inc. An Idaho corporation, Manager '-- Tahri Molifua, Vice Pre 'dent of Real Estate Capital STATE OF IDAHO } :ss. County of Bonneville ) On this the 21"` day of November,in the year 2023,before me a Notary Public of said State, personally appeared Tahri Molifua,known of identified to me to be the Vice President of Real Estate Capital of BV Management Services,Inc., which corporation is the Manager of BVB Ten Mile Crossing Annex,LLC, and the Manager who subscribed said limited liability company name to the foregoing instrument,and acknowledged to me that such corporation as the Manager executed the same in said limited liability company name. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. Notary Public for Idaho My Commission Expires: 09 1 0$I Z�v PUBLIC •,,��q�' of IDP `. �nm i nn►0 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-12-2023 Attest by Chris Johnson, City Clerk 12-12-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-12-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 04/17/2023 km E N G I N E E R I N G November16,2023 Project No.: 22-006 TM Center East Subdivision No.1 City of Meridian Water Easement Legal Description Exhibit"A" Parcels of land for a City of Meridian water easement being situated in a portion of the South 1/2 of the Northwest 1/4 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 West 1/4 corner of said Section 14,which bears N89°11'30"W a distance of 2,656.47 feet from an aluminum cap marking the Center 1/4 corner of said Section 14,thence following the southerly line of the Northwest 1/4 of said Section 14,S89'11'30"E a distance of 931.27 feet to the southwest corner of Proposed TM Center East Subdivision No. 1; Thence following said southerly line,S89°11'30"E a distance of 58.67 feet; Thence leaving said southerly line, N00°48'30"E a distance of 334.00 feet to POINT OF BEGINNING 1. Thence N32°58'25"W a distance of 20.00 feet; Thence N57°01'35"E a distance of 58.73 feet; Thence N32°58'25"W a distance of 80.59 feet; Thence N70°40'56"W a distance of 22.03 feet; Thence N32'58'25"W a distance of 24.71 feet to the southeasterly right-of-way line of S.Wayfinder Ave.; Thence following said southeasterly right-of-way line,N53°49'00"E a distance of 36.54 feet to the westerly line of an existing City of Meridian Water Easement per Instrument No. 2023-029598(records of Ada County, Idaho)and hereinafter referred to as POINT"A"; Thence leaving said southeasterly right-of-way line and following said westerly line,S25°40'56"E a distance of 23.71 feet; Thence leaving said westerly line,S32'58'25"E a distance of 101.26 feet; Thence N57'01'35"E a distance of 33.27 feet; Thence S32°58'25"E a distance of 20.00 feet; Thence S57°01'35"W a distance of 112.00 feet to POINT OF BEGINNING 1. Said parcel contains a total of 5,211 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"A",thence following the southeasterly right-of- way line ofS. Wayfinder Ave., N53'49'00"E a distance of 12.09 feet; Thence following said southeasterly right-of-way line, NO2°58'25"E a distance of 13.32 feet; Thence following said southeasterly right-of-way line, 2.97 feet along the arc of a circular curve to the right,said curve having a radius of 260.00 feet,a delta angle of 00'39'14",a chord bearing of N65°42'45"E and a chord distance of 2.97 feet to POINT OF BEGINNING 2. 5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939• kmengllp.com Thence following said southeasterly right-of-way line, 10.73 feet along the arc of a circular curve to the right, said curve having a radius of 260.00 feet, a delta angle of 02°21'54", a chord bearing of N67°13'19"E and a chord distance of 10.73 feet; Thence leaving said southeasterly right-of-way line,S32°58'25"E a distance of 29.15 feet; Thence S57°01'35"W a distance of 14.53 feet to the easterly line of an existing City of Meridian Water Easement per Instrument No. 2023-029598 (records of Ada County, Idaho); Thence following said easterly line, N25°40'56"W a distance of 31.30 feet to POINT OF BEGINNING 2. Said parcel contains a total of 380 square feet, more or less. TOGETHER WITH Commencing at an aluminum cap marking the West 1/4 corner of said Section 14,which bears N89°11'30"W a distance of 2,656.47 feet from an aluminum cap marking the Center 1/4 corner of said Section 14,thence following the southerly line of the Northwest 1/4 of said Section 14,S89°11'30"E a distance of 2,290.15 feet; Thence leaving said southerly line, N00°48'30"E a distance of 636.96 feet to POINT OF BEGINNING 3. Thence N00°48'30"E a distance of 68.54 feet; Thence N89°11'30"W a distance of 101.52 feet; Thence S00°48'30"W a distance of 2.50 feet; Thence N89°11'30"W a distance of 20.00 feet;; Thence N00°48'30"E a distance of 2.50 feet; Thence N89°11'30"W a distance of 188.40 feet; Thence N70°42'09"W a distance of 167.13 feet; Thence N89°11'30"W a distance of 149.06 feet; Thence S00°48'30"W a distance of 2.50 feet; Thence N89°11'30"W a distance of 20.00 feet; Thence N00°48'30"E a distance of 2.50 feet; Thence N89°11'30"W a distance of 153.07 feet; Thence 86.26 feet along the arc of a circular curve to the right,said curve having a radius of 120.00 feet,a delta angle of41°11'16",a chord bearing of N68°35'52"W and a chord distance of84.42 feet; Thence 111.42 feet along the arc of a reverse curve to the left,said curve having a radius of 155.00 feet,a delta angle of 41°11'13",a chord bearing of N68°35'50"W and a chord distance of 109.04 feet; Thence N89°11'27"W a distance of 32.15 feet to the easterly right-of-way line ofS.Wayfinder Ave.; Thence following said easterly right-of-way line,N08°37'46"W a distance of 20.27 feet; Thence leaving said easterly right-of-way line,S89°11'27"E a distance of 35.47 feet; Thence 125.80 feet along the arc of a circular curve to the right,said curve having a radius of 175.00 feet,a delta angle of 41°11'13",a chord bearing of S68°35'50"E and a chord distance of 123.11 feet; Thence 71.89 feet along the arc of a reverse curve to the left,said curve having a radius of 100.00 feet,a delta angle of 41°11'16",a chord bearing of S68°35'52"E and a chord distance of 70.35 feet; Thence S89°11'30"E a distance of 325.38 feet; Thence S70°42'09"E a distance of 29.06 feet; Thence N19°17'51"E a distance of44.02 feet; Thence S70°42'09"E a distance of 20.00 feet; Thence S19°17'51"W a distance of44.02 feet; Thence S70°42'09"E a distance of 118.06 feet; TM Center East Subdivision No.1 City of Meridian Water Easement-DWT Investments,LLC PAGE 12 Thence S89°11'30"E a distance of 385.21 feet; Thence S00°48'30"W a distance of 20.00 feet; Thence N89°11'30"W a distance of 58.54 feet; Thence S00°48'30"W a distance of 68.54 feet; Thence N89°11'30"W a distance of 20.00 feet to POINT OF BEGINNING 3. Said parcel contains a total of 24,532 square feet,more or less. Said descriptions contain a total of 30,123 square feet(0.69 acres),more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. °� Gl j2 12459 0 of TM Center East Subdivision No.1 City of Meridian Water Easement—DWT Investments,LLC PAGE 3 1—PO—B. 2 c2 c1 \<� EXISTING CITY OF L 10L9 < \� MERIDIAN WATER EASEMENT PER ` INST. No. 2023-029598p POINT "A" L11 L13 e�P�e• �C\ L14 01 L12 w\ri \ '� <�b \ S32'58'25"E CY �\ \/-101.26' L15 L3 \ \ N32'58'25"W_/\ \ �� A<�p 80.59' \ //� —S57'01'35"W A � 1 12.00' Proposed TM Center East P.O.B. 1 I Subdivision No. 1 a DWT Investments, LLC S1214233678 w wlw N O v Q0 PO C¢1 Z I ro 0 cc 3 73; POINT OF COMMENCEMENT SW CORNER OF PROPOSED o FOUND ALUMINUM CAP q- � vi 1/4 CORNER SECTION 14 TM CENTER EAST SUB. No. 1 E [WEST 4 931.27' _ 58.67' 1666.53' 3 15 N89'1 1'30"W 2656.47' Y BASIS OF BEARING C FOUND ALUMINUM CAP c CENTER 1/4 CORNER SECTION 14 s a 0 100 200 300 0 N Plan Scale: 1" = 100' E N G I N E E R I N G m 5725 N ORTH DISCOVERY WAY W BOISE,IDAH083713 PHONE(208)639-6939 Exhibit B - City of Meridian Water Easement j kmengllp.com TM Center East Subdivision No. 1 �., DATE: November2023 i S PROJECT: 22-006 SHEET: A portion of the S 1/2 of the NW 1/4 of Section 14, 1 OF 3 T3N., R1W., B.M., City of Meridian, Ada County, Idaho ii DWT Investments, LLC S1214233678 S. Wayfinder Ave. r N D7 r N Cn j//QC) S. Ten Mile Rd. A w moo L z I C.4 >� 00 rn C0 i np N XZK m m (CA l/) on -0 to N -I /9 C In >M Ins _ I N I N IQ p Z IJ [n O rD 0- J � rt N <. I� r U W N fD p CA OD � D N r z N J C rr+ Q D v? W V) O N CIO � frl f-, N W-0 O n _ r U� � O ZO a' N d n 0 oolN v � ° (D mO p N N O�1 o n U! rr � (n 00 Z �( -' N cn J cD cc)Do Gj I �I nl N p. O 00 a O CDI 0 � IDO ON p p I, o Z r Iw m o M I� I o r � I 3 W z )I pp {' TI Cn w Ln C-) o D° w p ju Z w Z O N X r- N00'48'30"E L16 a m ��- 636.96' (TIE) n z rn o K IN Unplatted o N W oQ DWT Investments, LLC 129 0 S1214244301 CA ki" t E N G I N E E R I N G 0 5725 NORTH DISCOVERY WAY W BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Water Easement kmengllp.com TM Center East Subdivision No. 1 5� DATE: November 2023 PROJECT: 22-006 A portion of the S 1/2 of the NW 1/4 of Section 14, SHEET: 2 OF 3 T3N., R1W., B.M., City of Meridian, Ada County, Idaho i LINE TABLE LINE TABLE LINE I BEARING DISTANCE LINE BEARING DISTANCE I L1 N32'58'25"W 20.00 L17 N89'11'30"W 101.52 IIII L2 I N57'01'35"E 58.73 L18 S00'48'30"W 2.50 L3 N70'40'56"W 22.03 L19 N89'11'30"W 20.00 L4 N32'58 24.71 L20 N00'48'30"E 2.50 L5 N53'49'00"E 36.54 L21 N89'11'30"W 149.06 L6 S25'40'56"E 23.71 L22 S00'48'30"W 2.50 L7 N57'01'35"E 33.27 L23 N89'11'30"W 20.00 L8 S32'58'25"E 20.00 L24 NDD'48'30"E 2.50 L9 N53'49'00"E 12.09 L25 N89'1 1'27"W 32.15 L10 NO2'58'25"W 13.32 L26 N08'37'46"W 20.27 L1 1 S32'58'25"E 29.15 L27 S89'11'27"E 35.47 L12 S57'01'35"W 14.53 L28 S70'42'09"E 29.06 L13 N25'40'56"W 31.30 L29 S00'48'30"W 20.00 L14 N53'49'00"E 22.53 L30 N89'11'30"W 58.54 0 L15 N65'14'47"E 11.67 L31 S00'48'30"W 68.54 0 D W L16 N00'48'30"E 68.54 L32 N89'11'30"W 20.00 m N O N .-1 K Q CURVE TABLE 0 a CURVE RADIUS LENGTH DELTA CHORD BRG CHORD a o Cl 260.00' 2.97' I 0'39'14" N65'42'45"E I 2.97' C2 260.00' 10.73' 2'21'54" N67'13'19"E I 10.73' C3 120.00' 86.26' 41'11'16" N68'35'52"W I 84.42' C4 155.00 111.42' 41'11'13" N68'35'50"W 1109.04' 3 C5 175.00' 125.80' 41'11'13" S68'35'50"E 1123.11' C6 100.00' 71.89' 41'1 1'16" S68'35'52"E 70.35' Z a s 2 0 0 N kin E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY W BOISE.IDAHO 83713 W PHONE(208)639-6939 Exhibit B - City of Meridian Water Easement kmengllp.tom TM Center East Subdivision No. 1 DATE: No ve mbe 02 3 _ 1 PROJECT: 22-006 - SHEET: A portion of the S 1/2 of the NW 1/4 of Section 14, a 3 OF 3 T3N., 111W., B.M., City of Meridian, Ada County, Idaho E IDIAN --- AGENDA ITEM ITEM TOPIC: Final Plat for Ringneck Place Subdivision (FP-2023-0027) by RiveRidge Engineering Company, located at 2315 E. Ustick Rd. STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING December 12,2023 Legend DATE: 10 Project Location TO: Mayor&City Council M uRy W s FROM: Stacy Hersh,Associate Planner 208-884-5533 -------E`-UST _Rp-------------- SUBJECT: FP-2023-0027 Ringneck Place Subdivision-FP � E ® Ed H - LOCATION: 2315 E.Ustick Road(Parcels S 1105212448 and#S 1105212449 in the Northeast 1/4 of the Northwest 1/4 of Section 5,Township 3N,Range IE. L PROJECT DESCRIPTION The Applicant requests approval of a final plat consisting of 9 single-family residential buildable lots and 2 common lots on 1.538 acres of land in the R-8 zoning district. IL APPLICANT INFORMATION A. Applicant: Kent Adamson,RiveRidge Engineering Company—2247 S. Vista Avenue,Boise,ID 83705 B. Owner: William Gallagher,WFG Investments,LLC—3020 N.Wingate Lane,Meridian,ID 83646 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2023-0009)in accordance with the requirements listed in UDC 11-6B- 3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed final plat and the number of buildable lots and the amount of common open space area are both the same. Pagel Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat per the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 1/30/2023) ID ' rl •' I ) ��- a -4 ii w I a d �ientraiiei�aaar+siaTalnuwinavlr• kygy.M_.. � i —....SL. S � - n:5R.. �. —«-o-o xs W r+xassaysa�isuaeoes_a%•ataxy ! z "s Page 3 B. Final Plat(dated: 10/11/2023) Plat Showing �- Ringneck Place Subdivision A portico of Government Lot 3 of Section 5, Township 3 N-th,Range 1 East,Boise Meridion, s iaalm om. '0 City of Meridlan,Ada County,Idoho. -------- 2023 4'g sm (D m v m x $¢ O © if O O O mmm, .,,,_.e._ __ ✓/..,..........�.�...war. ---� ---$p---_.----'� wr I � mpmmi" k�r I t i oxM x " 3 , max .mva....sn�.�a a.a..aw14�uw ; €- soP]Yag'M tOg.ge '°�.• .............. w M m".e w xmnan m m.w..mn. m.earn rm.,:6:'w•oTr-'•w owR w� t i mY�W� u,.omn<vI«�:mam.;�..iH Leona eYmSmmofc v —..- 'raw ae.nxw nv ti,m�+,mr If • .0 sra muiim'� ___ vxu� e..�fv:sus � �•..r 4.a tmee �mm ..»...m,.we�. . ...a.>< .�;..nM..0.;....m�i �f':m,L Hm .ed e.a r $ BPOF Pogo T IDAHO `Oo,'.rM a� me xn _ SURVEY r� snn.,i GROUP,LLC Ringneck Place Subdivision cmanrntM a oMM.r, wtre.laonmL m_a N `m mrH to LL4"temp LL I,tl,wm,--y 11 mremmM s xe.x..sxw•t Fm�earn :ma b.lwe.n.,w.tl..lwe.a xemn pxxw w x«;am.Mee n am ma.p r =x.tl m to u t�� edimnli'm,,°`pa,'wmtMtl n�a m. IwunY peroeen ma.M;e"a eYw t°an."met r�"c t° xe'sY xeµ L 54u r.et Nreem mtEN.ivnm eawia.y xi.tn"e nl.v.,utlmty rt,xt even�ttm. Y n"a a.e vtro.e y Id maw y Y. n Svmm t4 gxe,N�sY sb pr].H�acorn smN ao-e4'oY vmrt,5nm km t.Ne port efweVAMw1R le"oa Nn p !n W]E@'Mmt IW W Imo H'sT Mmt te].ep Ml le Nr met paneaY Ina e1 wtle MAa.4"xe.t a• Y FspMm Sum of Mee n emk 11]el meb a Poem,Rlp tnwpn mY24 tmaee m Mp vnntn waw; Me'ewg n oxnarr Mm.xmn artee'oa'tart.m.ao tr to fie ruin rgno-af-evY Ilm oe EtuHi�i�lq Reek m.ma Mt-.t-.n;wa swa Mew'sY[cot.tn.w rat m u.oar or ale Na me M nolly me puv"e•eumu m coon m um plm.Ths meemmm M�tl m eow plot ae Pala x e.ly,t N �igde to MMem,me Nat tM on N Cwtlncptr Mi Sump xFG InmNnwnb LLC m lama Unittl Y -y tma Sump lim�ma br tna m;lMn F.amogm.Mmm.. pwtm m..m,one x m ern Y x,.Sme.a lame eoee M M e,pore aw e�.nr�te - .Yy a 1 coat M,cm,nm a„1,r9i �4 r¢�•• Booty Page IDAHO SURVEY xe as,.3 GROUP,LLC Ringneck Place Subdivision HepIU Certlfkole Grllfiwty of Camty Sbrvvya 1.0.1.r.a:rH Nr kfeAa cm.1N.!D.Cnolr v now o.m wn.Me UmM L Me mesMgie6 Pn(ewkwol Lane Surxeyw N am fw Mo Cwnh Imnw ao IwwY .Mel �e r.e..Ay o P6N.0 Lkm..p preMwlalm EnpN.r(OVE)nprwrlNp CNy.p MMbm w Mla pNl rap Umt It cwnpWn.Hn Me Slob al daM10 Coae Namq!o pale we Uw CIPF appw.tl of tM eWpn pbn.aM apwlrtwlNro and M.co m Ytl`pwN e hoe M Mb apMorel.na bNLMp aylw exlwelara wtrkl Ae 4 eulenM. +w conpwMee.pBuiloinpevaNpw yw cvnewollm cen On d WpeNp psm Np ealr nbacUrq Ueoee 1odlUm M Uw NNwvc k6m�lo mebrct kcllllbe,ItNU wnit�nlartaWc��mmm pbM�ry�eG n xttadonw d�4ectim�1J]& o C�oN y my puNmp w ter My 3mwri DM. �mq mnNlnq.t.w v.eer/wp[k�kcIINW mtll De meeaa crawl DblHal x.tlM,Fxs wro AWp I M Aft Cwmty HSbwy Obbict Certifkpte of Cwnh TYeovmx lxe faeWlaq Hat ew woepbe and mprawe by Ma Bwre W Nm Canty xigkaay Dbbk! I.tM,nevMqu6 Cwnh Trwwrr In only of A.5!a canwl..lmra m Me r .p—. r.plxwnmt. Lallo-lwe A any M.M. ma/N a�Nw �aeanl� —.1 lmw b 1M MwvrlyoAWW.O T qle w06A.gn Mm—p a IhwLl b wNe fa M.not tnxty I3D1 raw m y pao manebMm wwkml. A. cash Tleom�er Dwe Appyp pf Clty Erglnw Count,Rpcoretr,Cv Iflwt. I, A.oner.gn.6 Ql,EpNw N aIW M M.O'y op M.nSm,Wo County INMo,nwBY Aab or HVM m N 1 l H op Mow b pat. a rumor p. CwMy M xee 1 M1 y—Ify lM1al Mb Newna•!nor flb M Me esawel IN Imxo—y Kopp.LLC, y Fnglnew Dvu el_A,—prat_a—A tole_my al ]c_N paaR_el Pbly al Appnawl 0 City Councl Pogr nnmge erMgr.w,coy a.xi N Ir, o yw f —11,MM M o mwmg of M.C"Y Carl en elm 1MerH my Wy I mTD_ MI.HIN.w eulY o.s'nptw anE goronl Drwty [n-Offlclo Rmwea CIt,Cbxc AMkNn.IMe p Leb — �x ar �V vxA� Book Page IDAHO SURVEY ea3vz GROUP, Page 5 C. Landscape Plan(dated: 8/24/2023) w —72 J uj 1 4 2= 1 I OT Ix _.. � I I Lantluape Plan��Z L-1.O1 VI. CITY/AGENCY COMMENTS& CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2023-0009 (Development Agreement Inst. 92023-065772)]. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of City Council's approval of the preliminary plat(by July 11,2025),in accord with UDC 11-6B-7,in order for the preliminary plat to remain valid; or,a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgment signed and notarized. 4. The final plat prepared by Idaho Survey Group,LLC stamped by Cody M.McCammon,dated: 10/11/2023,included in Section V.B shall be revised as follows: a. Revise Note 43: Include the PUDI easements along the northern lot line of Lot 3,Block 2, and a 10' PUDI easement along the perimeter of the buildable lots. b. Revise Note 94: Include the recorded instrument number for the temporary turnaround easement. c. Add Note 412: "The subdivision is subject to the existing Development Agreement and include the DA instrument number(DA Inst. 92023-065772)." 5. The landscape plan prepared by Glancy Rockwell&Associates dated: 8/24/2023,included in Section V.C, shall be revised as follows: a. Ensure that the required trees are included in the landscape buffers,given there are several irrigation facilities in both common lots in accordance with UDC 11-3B-7. 6. The Applicant shall comply with all ACHD conditions of approval. 7. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15,UDC 11-313-6 and MCC 9-1-28. 9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott,at 887-1620 for more information. 10. 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. Page 7 B. Public Works https.Ilweblink.meridiancituorjy/WebLink/Doc View.aspx?id=311879&dbid=0&repo=MeridianCity C.Idaho Transportation Department(ITD) https.Ilweblinl meridiancituorg/WebLink/Doc View.aspx?id=312056&dbid=0&repo=MeridianCity E IDIAN --- AGENDA ITEM ITEM TOPIC: Final Order for Pinedale Subdivision (FP-2023-0014) by Ackerman-Estvold, generally located at the east terminus of W. Newland St. in the Chesterfield Subdivision BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 5, 2023 ORDER APPROVAL DATE: DECEMBER 12, 2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 7 BUILDING ) CASE NO. FP-2023-0014 LOTS AND 1 COMMON LOTS ON ) 1.22 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT PINEDALE SUBDIVISION. ) BY: ACKERMAN-ESTVOLD ) APPLICANT ) This matter coming before the City Council on December 5, 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 PINEDALE SUBDIVISION, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 3N., RANGE IW., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: by ANTONIO M. CONTI, PLS, SHEET I OF 3,"is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PINEDALE SUBDIVISION—FILE#FP-2023-0014) Page 1 of 3 conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated December 5, 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(PINEDALE SUBDIVISION—FILE#FP-2023-0014) 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 12th day of December , 2023. By: Robert E. Simison 12-12-2023 Mayor, City of Meridian Attest: Chris Johnson 12-12-2023 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 12-12-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PINEDALE SUBDIVISION—FILE#FP-2023-0014) Page 3 of 3 EXHIBIT A STAFF REPORTC�WEIIIDIAN^-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING December 5,2023 legend DATE: Project Location „41 ,,EU fi TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner =- 208-884-5533 SUBJECT: FP-2023-0014 -- - -- __ Pinedale Subdivision-FP A LOCATION: East terminus of W.Newland Street in h the Chesterfield Subdivision in the Northwest 1/4 of the Southeast 1/4 of .r.; Section 10,T.3N.,R.1W. L PROJECT DESCRIPTION The Applicant requests approval of a final plat consisting of 7 single-family residential buildable lots and 1 common lot on 1.22 acres of land in the R-8 zoning district. IL APPLICANT INFORMATION A. Applicant: Antonio Conti,Ackerman-Estvold—7661 W.Riverside Drive, Ste. 102,Garden City,ID 83714 B. Owner: Bruce Hessing,Piedmont Project,LLC—2338 W.Boulder Bar Drive,Meridian,ID 83646 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0001)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed final plat and the number of buildable lots and the amount of common open space area are both the same. Pagel Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat per the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 3/15/2022) _N\, . ��, \ PINEDA4E SUBDIVISION J 4 �I 1 •\``,�� v 1\ti• •�` YI�� a.-mrx..�..ryv.ei.'.mu — — \ oLLI , •. ,l • PAT Page 3 B. Final Plat(dated: 10/2022) 14NAL PLAT FOR PINEDALE SUBDIVISION A POIRTTON OF THE 5OUR1EA5T IN OF 5EC"ON 10.T.3N.,2 I W.,6O6E MEMOIA".CRY OF MPJ2RD ,ADA COUNTY,IDAHO. OCTOEER 2022 SHEET I Or \ lLGeo: \\ pc i�wrr-wrriw..wruwrsr \ \ x�w vxr.xivoarusrcxwurius.rucwu \ u rwaxn w\\ iewe \\ —_—xwu arciwxuuecx AV 11 \\' ..{' '0.111 MY�` \w/�y�✓�F+, 1 @ x u swu mrritrs.n � xA w F- rsaiwerw.os. \ �'issuaom .umiuuwrncunwaasvar u...w. wcxwrux. FINAL FLAT FOR PINEDALE SUBDIVISION tFATiaiCATt or-owuele5 nGwave�rucr=rtnl A PORTION OF THE SOUTHEAST 1a OF 915CM 10.T.3N..R.I W.,DOISE MHUDAN,CTTYOF MERIDIAN,ADA COUNTY,IDAHO, w.,.e... �r..wrw...wxw..��.w..r..r.,c�,.�w...,... .,..rx...r. OCTOUR 2022 51-TU 2OF3 rz.wxr r.o,�xr.r.x. ceHlo-lcnlr a surnrvnR 1e3so C. Landscape Plan(dated: 9/7/2023) e li l A%PRELIMINARY LANDSCAPE PLAN � •r•av�w,u I Page 5 VI. CITY/AGENCY COMMENTS& CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2022-0001 (Development Agreement Inst. 92023-024580)]. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of City Council's approval of the preliminary plat(by August 9,2024),in accord with UDC 11-6B-7,in order for the preliminary plat to remain valid; or,a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgment signed and notarized. 4. The final plat prepared by Ackerman-Estvold stamped by Antonio M. Conti,dated: 10/2023, included in Section V.B shall be revised as follows: a. The Land Surveyor shall sign and date the seal. b. The Land Surveyor's business name and address shall be included on the plat. c. Revise Note 92: remove any wording referencing setbacks on the plat("OR AS SHOWN ON THIS PLAT"). d. Revise the final plat to include 5-foot P.U.E. interior lot lines,maintaining a 5-foot setback along each lot in accordance with the R-8 zoning district. e. Revise Note 96: with"INTERIOR LOT LINES ARE HEREBY DESIGNATED AS HAVING A PERMANENT FIVE(5')WIDE EASEMENT FOR PUBLIC UTILITES, IRRIGATION,AN LOT DRAINAGE. f. Add Note 410: "The subdivision is subject to the existing Development Agreement and include the DA instrument number(DA Inst. 92023-024580)." g. Revise street names on the plat per the street name approval from Ada County dated July 2, 2023. 5. The landscape plan prepared by Rodney Evans+Partners dated: 9/7/2023, included in Section V.C, shall be revised as follows: a. Provide a detail of the fencing prior to City Engineer's signature on the final plat. b. Depict landscaping along the pedestrian pathway in accordance with UDC 11-3B-12. A 5' wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs,lawn and/or other vegetative ground cover. c. The pedestrian pathway is required to be concrete or asphalt; gravel is not an approved surface in accordance with 11-3B-12C.3. 6. The Applicant shall work with Staff to include shared driveways where feasible to help remove the number of driveways proposed,especially for those lots taking direct access from a cul-de- sac,W.Newland Court. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 9. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15,UDC 11-313-6 and MCC 9-1-28. 11. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott,at 887-1620 for more information. 12. The Applicant shall provide a recorded copy of the Termination of Easement Agreement that was submitted to the Planning Division prior to the City Engineer's signature on the final plat. This agreement terminates the existing access for the property through the vehicular bridge north of the subject site,which has been approved for conversion into a pedestrian bridge for the multi-use pathway segment in the adjacent subdivision. 13. A License Agreement must be obtained to include the pedestrian pathway in Lot 8,Block 1 with Nampa Meridian Irrigation District(NMID). NMID prohibits pedestrian facilities within their easement unless covered by this agreement. 14. A public use easement for the pedestrian pathway shall be submitted to the Planning Division prior to submittal for City Engineer's signature on the final plat(s). B. Public Works https.Ilweblink.meridiancituorzlWebLinklDocView.aspx?id=310814&dbid=0&repo Meridian City C.Idaho Transportation Department(ITD) httpsa/weblinkmeridiancituomlWebLink/Doc View.aspx?id=310831&dbid=0&repo Meridian City D. Idaho Department of Environmental Quality(DEQ) httpsa/weblinkmeridiancity.omlWebLink/Doc View.aspx?id=311600&dbid=0&repo Meridian City Page 7 E IDIAN --- AGENDA ITEM ITEM TOPIC: Final Order for Skybreak Subdivision No. 3 (FP-2023-0017), by Conger Group, generally located in the southeast 1/4 of the northwest 1/4 of Section 4,T.2N., R.1E (Parcel# S1404233662) BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 5, 2023 ORDER APPROVAL DATE: DECEMBER 12, 2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 53 BUILDING ) CASE NO. FP-2023-0017 LOTS AND 6 COMMON LOTS ON ) 9.874 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT SKYBREAK NO. 3. ) BY: CONGER GROUP ) APPLICANT ) This matter coming before the City Council on December 5, 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 SKYBREAK SUBDIVISION NO. 3 SUBDIVISION, LOCATED IN THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 2N., RANGE IE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2023, HANDWRITTEN DATE: 6/29/2023, by Jeff Beagley, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(SKYBREAK NO. 3—FILE#FP-2023-0017) Page 1 of 3 PLS, SHEET 1 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated December 5, 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(SKYBREAK NO. 3—FILE#FP-2023-0017) 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 12th day of December , 2023. By: Robert E. Simison 12-12-2023 Mayor, City of Meridian Attest: Chris Johnson 12-12-2023 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 12-12-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(SKYBREAK NO. 3—FILE#FP-2023-0017) Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT A H 4 Y HEARING 12/5/2023 r Legend - DATE: lei ProjectLacaiian TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner - 5 208-489-0576 or SUBJECT: FP-2023-0017 Skybreak No. 3 k 1 LOCATION: 7050 S. Eagle Rd.,in the SE '/4 of the -� NW'/4 of Section 4,T.2N.,R.IE. (Parcel#S1404233662) e L PROJECT DESCRIPTION Final plat consisting of 53 residential building lots and 6 common lots on 9.874 acres of land in the R- 8 zoning district. IL APPLICANT INFORMATION A. Applicant: Conger Group—4824 W. Fairview Ave., Boise, ID 83706 B. Owners: C4 Land LLC—4824 W.Fairview Ave.,Boise,ID 83706 III. STAFF ANALYSIS In 2020,the property received approval of an annexation,zoning to R-8 and R-15,and a preliminary plat to construct 316 single family lots on 80.46 acres of land(H-2020-0127,Instr. #2021-119175). This included approval for private streets. The first plat, for 81 single family lots and 21 common lots on 35.67 acres was approved by the Council in April of 2022 (FP-2021-0058). The second plat, for 62 buildable lots and 12 common lots(including a private road)was approved by the Council September of 2022. Amenities approved and provided with this plat include a playground,climbing boulders,and picnic shelter on Lot 43,Block 2; a linear common space on Lot 14,Block 6; and a large open common area with a pathway segment on Lot 9,Block 3. The landscape plan indicates these amenities are landscaped as required per UDC 11-313-12 and 11-3G. Page 1 Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC I I-6B-3C.2. The final plat does not increase the number of building lots or decrease the amount of qualified open space as shown on the approved preliminary plat; all lots within the development comply with the dimensional standards listed in UDC Table I I-2A-6 for the R-8 zoning district. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 V. EXHIBITS A. Preliminary Plat red-marked to show area of Phase One (date: 6/16/202 1) SBVSrM*E 12MW "WWWE'M.10, T:IT!I I T ----------- LL ------ t r_-_] LJ I vismu 2r , T - 7 7 Page 3 B. Final Plat(date: 6/30/2023) SKYBREAK SUBDMSION NO.3 LOCATED IN THE SE114 OF THE N W114 OFSECTION 4,T.2 N.,R.I E,B.M., ,z ClTI'OF MERIDIAN,A.COUNTY,.1 warm�sec s r 2023 --s _._—_._ ---..— :.>:,•x,mw ssm,x,:xuo �� ..m W�-.xw.�.,�w<��.�.an.,s.,.,.w�.,e,:a.w s,em,ora uxr ) )�/ [s Gb.•dkF�A � eFCCLBY IJM(P1Wd98J T. Ia !i ,•` __� y-' O s➢wm. NNds swraar��r B uw�w e_csoARHVRnI'uNs s.w .,wa.,an.xna w _•i � � m n ma L k lawa'9��K- :_ rvorsmxo�aeF mnxa aoc,w ki ram' Y!_______ -` "_•,` _'I ®� ____ j I i - __________—_ ____—,,,__—a'Y � umremtt,wnw mnmrwenmzna,uvmw•,wa m,e. '•�" -� $ a -------------- 1'.:aomr,wn_i �.xwrm'w,LN� " �iA� ,u iroaawnww . fi `__ � ,� � � — — _ � �naia�xeA,wxaF:�.�..�•�wz,w..w x.�w�,rw.x.o. \ \ \ _•� , ! n,.,e.�sr,xooia-_r. xSsseFlaCF,R]R ttl,'�N,R4ETA8L¢0.RNL5l�E'1U � \ \�\%� "I I 41RR1TIKAf,ORF,£RF�„� \ u urmumo A 20305 WASHINGTDN AVE. EMMETT,ID 8M17 k (208)3sas,a FAX(208)398-8105 a \ W1YIV.54Wf007MS.CAM xF,vPmw n.0 .-.rmbtt P.V.WI'dGB PO,MS I.oHl4 ,wv,es ., u>y w,fuw, 6'ae. sr ,i , Page 4 C. Landscape Plan(date: 6/28/2023) f ---------------------- --- -- „ , I I .. I • I I I ,. ------------- I „ I , -------------J I. -------------- , ,I ----- ------ ------ ., i ------------ - ------- M 2 0 ----- ---------— a� N �z � �3 Y O �s ___________ r__----------- W MM� eeUtw— LL Y N PANT SCHEDULE NOTE KEY MAP 0 Im •--�� ..maw. ""'. E UOgODl,PE m n..w.wvnn..s O .....•� L1 �� ,-�- ,--_-- - -- - , ------ ---_ -,L --------- ------------ ` ; I , i - 00 �I o mm 2Q O �< - .. wZ S� Y z Y N PLANT SCHEDULE NOTE KEY MAP 0 IASE LAIpCAPE PLAN L2 Page 5 PLANT SCHEDULE . Twee Ao mnyrtr.x"°1enxxw m © VINYL FRNAGY FEN:E re �.:.a.r. .,rm.wrxrw x.ro rx+,e..x ser.nra,rr n.ea "` m mwe.soa wnwcw.wnv sxem exr ���� - wxx.r Oj TREE FIANlINblSTAKIN6 .rove aiei urx"iu S� �� x-at-x rmr.xsxn f 0 NOTES 10 In tum msxat n.2 ne ssff.emw� cor.-w..ra.-.+e m.xr+a� .ox,.r..euwroww«.s..xvx oa.,.mr xa «`c—MM O J I— C < O li l'LNITIN6 p OS "WN FBIL ..efy. unarorarraoruormaxwrwerereaer.rurrr.nw.o <.Z Jig a¢ wn�u�nw-u c,�w.wmr.r.ar..v.nmu } ILL Y / `�mnxe-orwunvrr usxs.mroiwm m,w.n r.rr,w nrnl .r�r ra.a -� LANDSCAPE CALCULATIONS O9 PLMITER CAlf aED EDGE A .w.,xm. .,r. .,® -••,•^-—x— �nn�c�F� ~ L3 Page 6 D. Approved Landscape Plan(date: 6/16/2021) I ! i I Page 7 E. Common Drive Exhibit I BLOCK 3 I ar TM I $ I I LOT ios TANS RECT STREEr I LESS.IATED SIDE C r Lo ON FAST SIDE OF LOT.. I 1 1 I I I I 108 I I 107 I I 106 I 4 I I I I j 105 104 I I I I I I I I I I L---B 1L_---J 104 r--- — —7 iz.w'REAR SETBACK 10 � 110 � I LOT 110 Haas ME=WREET +. ACCESS.DFIRVE MY LOOATEO I ON sOlml SIDE OF LOT. — — BLOCK3 I 124 125 126 N c iv wo.. 20 0 20 w FO 60%6069 SKYBREAK SUBDIVISION NO. 3 wzu lIo.07 LOTS 105-110 COMMON DRIVE EXHIBIT SCALE-11•'b' 0,:I29619a6-Ull �yraoa...e� ....mrrr��y.W�, Page 8 VI. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation and preliminary plat applications (Development Agreement-Inst. 9202 1-1 1 9 1 75,AZ,PP H-2020-0127;FP-2022-0022;FP- 2021-0058)approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase's final plat(by August 14,2025); or apply for a time extension,in accord with UDC 11-611-7. 3. Prior to City Engineer signature on the final plat,the final plat prepared by Sawtooth Land Surveying LLC stamped by Jeff Beagley,dated: 6/26/23,included in Section V.B shall be revised as follows: a. Plat Note No 6—add recorded instrument number. b. Plat Note No. 12—remove the 96 after Lot 43,Block 2. c. Plat Note No. 14—add recorded instrument number. 4. The Applicant shall comply with the submitted landscape plan included in Section V.C. 5. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,including but not limited to driveways,easements,blocks, street buffers,and mailbox placement. 6. Developer shall comply with all ACHD conditions of approval. 7. The plat shall comply with the provisions for irrigation ditches,laterals, canals and/or drainage courses,as set forth in UDC 11-3A-6. 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott,at 887-1620 for more information. 9. Administrative design review is required prior to submitting building permits for all attached residential structures containing two(2)or more dwelling units. 10. Staffs failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. B. Puimc WoRKs httpsJ/weblink.meridiancity.orgj eRink/DocView.aspx?id 310698&dbid 0&repo MeridianC Lty Page 9 E IDIAN --- AGENDA ITEM ITEM TOPIC: First Amendment to Development Agreement (Sessions Parkway H-2023- 0030) between City of Meridian and GFI - Meridian Investments, LLC for Property Located at 2700 N. Eagle Rd. ADA COUNTY RECORDER Trent Tripple 2023-069381 BOISE IDAHO Pgs=17 VICTORIA BAILEY 12/13/2023 02:13 PM CITY OF MERIDIAN, IDAHO NO FEE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GFI—Meridian Investments, LLC, Owner/Developer THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated this 12th day of December 2023, ("AMENDMENT"), 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 GFI—Meridian Investments, LLC ("OWNER/DEVELOPER"), whose address is 74 East 500 South, Suite 200, Bountiful, Utah 84010. RECITALS A. OWNER/DEVELOPER has submitted an application for a Modification to that certain Development Agreement recorded June 14, 2023 as Instrument 92023-033831 in Ada County Records ("Development Agreement") to allow one (1)building permit to be obtained prior to recordation of a final plat and allowance for submittal of a Certificate of Zoning Compliance and Design Review application for subsequent proposed uses prior to recordation of a final plat; and request for Council approval of a reduction of the buffer requirement in the C-G district to residential uses to the east from 25-feet to a minimum of 8-feet. The Meridian City Council approved said application pursuant to those certain Findings of Fact, Conclusions of Law and Decision& Order attached hereto as Exhibit"A" and incorporated herein. B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement on the terms set forth in this Amendment, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement except as expressly amended as follows: a. Section 5.1(a)(iii) shall be deleted in its entirely and replaced with the following: "The applicant shall construct a minimum 4-foot-wide sidewalk along the east side of the north/south drive aisle through the site (instead of along the east boundary of the site as shown on concept plan) and provide decorative crosswalks where pedestrian walkways cross internal drive aisles. Pedestrian walkways shall be provided at the east boundary of the site to the multi-family portion of the development (NWC and SWC of the Village Apartments) to enhance pedestrian connectivity." b. Section 5.l(b) shall be deleted in its entirely and replaced with the following: "The subject property shall be subdivided prior to issuance of the second building permit for the site; subsequent building permit applications shall not be submitted until after the property is subdivided. Certificate of Zoning Compliance and Design Review applications may be submitted and approved prior to recordation of the plat." MODIFICATION TO DEVELOPMENT AGREEMENT—SESSIONS PARKWAY H-2023-0030 Page I of 4 c. Section 5.1(c) shall be deleted in its entirely and replaced with the following: "If the site develops consistent with concept plan option 1, a minimum 25-foot-wide buffer shall be installed along the eastern boundary of the site adjacent to the future residential uses landscaped per the standards listed in UDC 11-3B-9C, unless otherwise modified by City Council approved through alternative compliance. If the site develops consistent with concept plan option 2, a minimum 5-foot-wide buffer shall be installed along the eastern boundary of the site adjacent to the future residential uses as approved by City Council, landscaped per the standards listed in UDC 11-3B-9C. Construction of the buffer may take place with lot development." d. A new Section 5.1(h) shall be added as follows: "Prior to issuance of the first Certificate of Occupancy within the development, all of the required street buffer landscaping along N. Eagle Rd./SH-55, including the 10-foot-wide multi-use pathway and pedestrian lighting; and the backage road along N. Eagle Rd./SH-55, from the north to the south boundary with connections to N. Eagle Rd./SH-55 and the development to the east, shall be completed." 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 Amendment, and the Ordinances of the City of Meridian as herein provided. 3. This Amendment 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 Amendment 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 Amendment if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Amendment. 4. If any provision of this Amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Amendment 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 understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. In the event of a conflict between the terms of this Amendment and the Development Agreement, this Amendment shall govern. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Amendment 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. MODIFICATION TO DEVELOPMENT AGREEMENT—SESSIONS PARKWAY H-2023-0030 Page 2 of 4 6. This Amendment shall be effective as of the date herein above written. 7. Except as amended by this Amendment, all terms of the previous Development Agreement shall remain in full force and effect. [End of text. Acknowledgements, signatures, and Exhibit A follow.] MODIFICATION TO DEVELOPMENT AGREEMENT—SESSIONS PARKWAY H-2023-0030 Page 3 of 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Amendment and made it effective as hereinabove provided. OWNERJDEVELOPER: GFI-Meridian Investments, LLC By:-—j —aC:L;Cez STATE OF ss. County of_D" i S ) On this I "-� day of DeS-G«"D'r ,2023,before me,the undersigned,a Notary Public in and for said State,personally appeared known or identified tome to be the of GFI—Meridian Investments,LLC and the person who signed above and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DAN BADDLEY NO]Q%YePUBLIC•STATE OF UTAH Q CQMM{9SION NO. 718317 Notary Public COMM. EXP. 5-24-2025 My commission expires:, 5`2 -2-02-9- CITY OF MERIDIAN ATTEST: By: 12-12-2023 Mayor Robert E. Simison 12-12-2023 Chris Johnson, City Clerk STATE OF IDAHO ) ss County of Ada ) On this 12th day of December ,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. Notary Public for Idaho My commission expires: 3-28-2-228 MODIFICATION TO DEVELOPMENT AGREEMENT-SESSIONS PARKWAY H-2023-0030 Page 4 of EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW C�VE IDIAl`T:-~' AND DECISION& ORDER In the Matter of the Request for Amendment to the Existing Development Agreement(H-2022- 0046,Inst.#2022-033831)to Allow One(1)Building Permit to be Obtained Prior to Recordation of the Plat and Allowance for Submittal of a Certificate of Zoning Compliance and Design Review Application for Subsequent Proposed Uses Prior to Recordation of the Plat; and a Reduction of the Buffer Requirement in the C-G District to Residential Uses to the East, by KM Engineering, LLP. Case No(s). H-2023-0030 For the City Council Hearing Date of: August 22, 2023 (Findings on September 5, 2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 22, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 22, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 22, 2023, incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian 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 SESSIONS PARKWAY MDA H-2023-0030 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 22, 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 a modification to the existing development agreement; and reduced buffer width is hereby approved per the provisions in the Staff Report for the hearing date of August 22, 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 § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of August 22,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SESSIONS PARKWAY MDA H-2023-0030 -2- By action of the City Council at its regular meeting held on the 5th day of September 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robe imison 9-5-2023 Attest: Chris Johns 9 ,0 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: ek"Slyq-w" Dated: 9-5-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SESSIONS PARKWAY MDA H-2023-0030 -3- STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING 8/22/2023 Legend R-3' < 0 DATE: =- - tu.uL TO: Mayor&City Council �� = oec Loco �- C-N C-Gf FROAM: Sonya Allen,Associate Planner R 1 R-2 , 208-884-5533 R-15 R1 R-15 R-8 R1f ,R-15 R-2 SUBJECT: Sessions Parkway-MDA RUT R-2 R-8 RUTS H-2023-0030 � 1 R1 R-2 aILRRT - R-8 LOCATION: 2700 N. Eagle Rd. in the NW 1/4 of R'2 1R1-: L-o L-C R-4 Section 4. T.3N.,R.lE. (Parcel Rl RUT 4S1104233650) �0 RUT . C-G R.8 -1 L PROJECT DESCRIPTION Amendment to the existing Development Agreement(H-2022-0046,Inst. 92022-033831)to allow one (1)building permit to be obtained prior to recordation of the plat and allowance for submittal of a Certificate of Zoning Compliance and Design Review application for subsequent proposed uses prior to recordation of the plat; and request for Council approval of a reduction of the buffer requirement in the C-G district to residential uses to the east from 25-feet to a minimum of 8-feet. IL SUMMARY OF REPORT A. Applicant: Stephanie Hopkins,KM Engineering,LLP—5725 N. Discovery Way,Boise,ID 83713 B. Owner: GFI Meridian Investments,LLC—74 East 500 South, Ste. 200, Bountiful,UT 84010 C. Representative: Same as Applicant III. NOTICING City Council Posting Notification published in newspaper 8/6/2023 Notification mailed to property owners within 300 feet 8/4/2023 Applicant posted public hearing notice on site 8/7/2023 Nextdoor posting 8/7/2023 IV. STAFF ANALYSIS The Applicant requests a modification to the existing DA(Inst. 92022-033831)to allow one (1) building permit to be obtained prior to recordation of the plat and allowance for submittal of Certificate of Zoning Compliance and Design Review applications for subsequent uses prior to recordation of the plat. A property boundary adjustment(A-2020-0115—ROS 912423)was approved in 2020 that created the subject parcel(i.e.Parcel B)and the parcel to the east(i.e.Parcel A),which is currently under development by the same developer with multi-family apartments. A final plat(FP-2023-0002)is currently in process that includes the subject property. While it's preferred that a subdivision plat is recorded prior to submittal of Certificate of Zoning Compliance and Design Review applications and subsequent building permit applications to ensure compliance with dimensional standards and construction of improvements for the overall site,it's not a UDC requirement. Therefore, Staff is amenable to the request provided all of the required street buffer landscaping along N.Eagle Rd./SH-55,including the 10-foot wide multi-use pathway and pedestrian lighting; and the backage road along N.Eagle Rd./SH-55 from the north to the south boundary,with connections to N.Eagle Rd./SH-55 and the development to the east, are completed prior to issuance of the first Certificate of Occupancy within the development. Staff has included these requirements as a provision of the amended DA in Section VI.B (new provision 95.1h). The Applicant also requests City Council approval of a reduction of the buffer requirement in the C-G district to residential uses to the east from 25-feet to a minimum of 8-feet as allowed by UDC 11-3B- 9C.2 with notice to surrounding property owners. This reduction,if approved,would only apply if a hotel develops on the site (i.e. development Option 92 in the DA). A reduction to the buffer width does not affect building setbacks; all structures are required to be set back from the property line a minimum of the buffer width required in the district.Note:If the property develops in accord with the Option #1 conceptual development plan in the DA, the full 25 foot wide buffer will be provided. A 7-foot wide perimeter landscape buffer is being provided on the property to the east along the shared property line,which would result in a total buffer width of 15 feet if Council approves the reduced buffer width proposed. A mix of trees(1 per 35 lineal feet)and shrubs are being provided within the buffer as shown on the approved landscape plan in Section VLC. With the perimeter buffer,parking,a drive aisle and pedestrian walkway,a minimum of 75-feet is being provided between the shared property line and the nearest residential structure to the east. All buffers to residential uses are required to be comprised of,but not limited to,a mix of evergreen and deciduous trees, shrubs,lawn,or other vegetative groundcover that results in a barrier that allows trees to touch within five (5)years of planting. Trees that will not touch until maturity outside of this timeframe must be supplemented with additional materials such as tall columnar evergreen shrubs,or other qualifying materials. Where proposed adjacent land uses cannot be adequately buffered with plant material(s),the City may require inclusion of a wall,fence or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least 6-foot tall is provided,the planting requirement may be reduced to a minimum of one (1)tree per 35 linear feet,plus shrubs,lawn, or other vegetative ground cover. There is a 10-foot wide pressure irrigation easement that runs along the eastern boundary of this site which may prohibit trees. If so, alternative compliance should be requested to the buffer material standards listed in UDC 11-3B-9C.1. Staff recommends at least a portion of the required trees be provided within the perimeter buffer on the adjacent property to the east resulting in a barrier that allows trees to touch within five(5)years of planting to screen the residential uses from the hotel; the remainder of the required trees could be planted elsewhere within the site. Staff is of the opinion the reduced buffer width planted with extra trees that result in a barrier combined with the distance to the nearest residential structures,provides an adequate buffer to the future residential uses from the proposed commercial uses. If Council believes additional buffering of the residential property is needed, a wall or fence at least 6-foot tall could be required on the shared property line. Development plan Options 41 and 92 in the DA,depict a north/south pathway within the perimeter buffer along the eastern boundary of the site and pedestrian connections to the east to the multi-family development(currently in the development process)at the north and south boundaries of the site. Staff is of the opinion the pathway would be utilized more if it were located along the east side of the main north/south drive aisle in the commercial portion of the development rather than on the shared property line between the commercial and residential development.To better accommodate the pathway in this location and the hotel site plan(i.e. Option#2), Staff recommends a lesser buffer width of 5-feet is provided along the east boundary(totaling 12-feet with the 7-foot wide buffer on the adjacent residential property)with a minimum 4-foot wide sidewalk along the east side of the drive aisle. Staff further recommends decorative crosswalks are provided across internal drive aisles where walkways are proposed for pedestrian safety. Pedestrian walkways/connections should still be provided to the residential property to the east at the north and south ends of the site as depicted on the concept plans in the DA. Staff recommends changes to the DA accordingly(see Section VLB). V. DECISION A. Staff: Staff recommends approval of the proposed modification to the DA with the changes noted in Section VLB as discussed above in Section IV. B. The Meridian City Council heard this item on August 22.2023.At the public hearing_the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Stephanie Hopkins_KM Engineering(Applicant's Representative) b. In opposition: None C. Commenting:None d. Written testimony: Stephanie Hopkins_KM Engineering (Applicant's Representative) C. Staff presenting application: Sonya Allen f Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Concern pertaining to the adequacy of the reduced buffer width to residential uses to the east- b. Reasoning for relocation of the north/south pathway from the east boundary of the site to the west boundary of the hotel site along the north/south drive aisle. 4. City Council change(s)to Commission recommendation. a. None VI. EXHIBITS A. Existing Development Agreement Provisions: 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted,conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 The subject property shall no longer be subject to the terms of the Development Agreement(DA)(Inst. #2022-065403, MDA-15-012) for Village Apartments and shall instead be subject to a new agreement. The new DA shall be signed by the property owner and returned to the Planning Division within six (6)months of the City Council granting approval of the amendment. The specific provisions for the new DA are as follows: a. Development of this site shall be generally consistent with the conceptual development plans approved by City Council and the conditions of approval included in Section VIII.A and include the following: i. Specific details for the integrated plaza/open areas shall be provided with the first certificate of zoning compliance. The applicant can relocate open space/plaza areas depicted on the plan with director approval once specific tenants are known. ii. On concept plan option I,some or all of the buildings along the eastern boundary may be rotated and/or relocated and a shared plaza area/green space added to a more central location within the development for better integration, including a central pathway connection to the open space and front pad sites. iii, if the site develops consistent with concept plan option 2,the applicant shall construct a 5-foot sidewalk on the east boundary and provide a decorative crosswalk across the drive aisle ol'the inulti-family portion of the development(SWC of the Village Apartments)to enhance pedestrian connectivity. b. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application for the site. c. A 25- oot wide buffer shall be installed along the eastern boundary of the site adjacent to the future residential uses, landscaped per the standards listed in UDC I I-3B-9C, unless otherwise modified by City Council. Construction of the buffer may take place with lot development. d. Pedestrian connections shall be provided between the subject property and the future residential development to the east, the commercial properties to the north and south and to the multi-use pathway along N. Eagle Rd./SH-55 in accord with the approved pedestrian plans. Pedestrian walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete,or bricks in accord with UDC 11-3A-19B.4. e. Traffic calming shall be provided within the site between the subject property and the residential development to the east. f. Provide trash enclosures within the development capable of housing containers for both solid waste and recyclable materials in accord with MCC 4-1-4. g. City Council approved the request for a right-in/right-out access via N. Eagle RdJSH-55 contingent upon final approval from ITD in accord with UDC 1 I- 3H-3. B. Proposed&Recommended Revisions to Development Agreement Provisions: #S.la.iii—if the site develops eensisten4 with eeneept r'ar or*ior ' *The applicant shall construct a minimum 5-feet 4-foot wide sidewalk on along the east side of the north/south drive aisle botm4at=y through the site(instead of along the east boundary of the site as shown on concept plan)and provide e-decorative crosswalks e where pedestrian walkways cross internal drive aisles. Pedestrian walkways shall be provided at the east boundary of the site to of the multi-family portion of the development(NWC and SWC of the Village Apartments)to enhance pedestrian connectivity. 95.1b—The subject property shall be subdivided prior to submit4a!issuance of the second Get4i fiea4e of Zoning r,.......lianee a plieatior building permit for the site, subsequent building permit applications shall not be submitted until after the property is subdivided. Certificate of ZoningCompliance and Design Review applications may be submitted and approved prior to recordation of the plat. 45.1c—A minimum 25 feet 5-foot wide buffer shall be installed along the eastern boundary of the site adjacent to the future residential uses as approved by City Council,landscaped per the standards listed in UDC 11-313-9C,unless otherwise modified by Git-y Counei' approved through alternative compliance. Construction of the buffer may take place with lot development. 95.lh—Prior to issuance of the first Certificate of Occupancy within the development,all of the required street buffer landscaping along N. Eagle Rd./SH-55,including the 10-foot wide multi- use pathway and pedestrian lighting, and the backage road along N. Eagle Rd./SH-55, from the north to the south boundary with connections to N. Eagle Rd./SH-55 and the development to the east, shall be completed. Note:All other provisions remain the same; no other changes are proposed or recommended. C. Landscape Plan Approved for Village Apartments with A-2021-0231 uti�un a�our �n is K� H = : ��� CD E 5: em s. r-------------1—-----------i nX IMI, I AN IQ 71 1.--------------------------J f Lril�' L100 r............................••--•--•-----------------Y• Ii11L'!9 1 1 1 1 - 1 1 I 1 ±S�t= ,1 t JUIAp 1 Q L 1 _• ap _-�- ..ram.•. IMOKw1i�tMr.�1fo M-"-- i =-- �----- ----------- -•------R-------•- i-------- •�- --- ►•••.(\}..-------- - !_--_----r------ ----- .�...{•+-- li'lblts Lt— BEHn- ..................................................... 1 � t • 1 F i � - � 1 1 - 1 FLT� L103 D. Proposed Site Plan(dated: 7/3/23)—Not Approved NVld 3M-11WN3d 3Sn lVNOLLIONOJ _ OHVOI'NVIORI3W ep_6�• e 1310H OHJ3-MHONAM i p F -Hir- I I M I / E. Proposed Landscape Plan (dated: July 10,2023)—Not Approved Im lak . -:,=-ax Ou I Z`- -�-•-rt st.�: i -ems.j� ..�,.. ....�..� .. �..., '�:=-s+_ ==c. z::.-rx�.txxat ter'.'..- . ..i...�,, ix� � Yfe.� -t t�..•-�._ � s+.�ae-.rds�.irnw�-' -- � :-�-�3�`s�.^M o.ra...r.�.--_ �� • �-xr.w = _ �dm�u- .._�.,..._.:_ c�3.sTassir�rr�::�r.... H Es t:U . >, ._.. - � WIUYt A(4l N/YAfaM �t �'� __ __ ____ — —_ O�—•.cal. .INKY.Yf...YYw+ W ., r+ t•.., � + .{.fit IANOSCAPE PLAN �f t7:^�, r--.��T •k 03^�,.x.l 04 r— 05- t,o E IDIAN --- AGENDA ITEM ITEM TOPIC: Agreement between the City of Meridian and Ballet Idaho, Inc. for use of Initial Point Gallery for Ballet Performance AGREEMENT for BALLET PERFORMANCE IN INITIAL POINT GALLERY This AGREEMENT for BALLET PERFORMANCE IN INITIAL POINT GALLERY("Agreement") is made this 12th day of December , 2023 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Ballet Idaho, Inc. a non-profit organization organized under the laws of the State of Idaho, whose address is 501 S. 8th Street, Boise, Idaho ("Ballet Idaho") (together, "Parties"). WHEREAS, the City desires that Initial Point Gallery, a public art gallery on the third floor of Meridian City Hall, at 33 E. Broadway, Meridian, Idaho ("Venue"), serve as a place where members of the community can gather to enjoy visual and performing arts; WHEREAS, to that end, on February 6, 2023, at 4:30 p.m., in Venue, the Meridian Arts Commission is hosting a reception("Event") to celebrate the opening of an exhibit by the Boise Open Studios Collective Organization(`BOSCO") entitled"Dance Study," featuring artwork by BOSCO artists created in collaboration with Ballet Idaho; and WHEREAS, the Parties mutually desire to present, as part of the Event, a performance by Ballet Idaho; 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: A. Performance. Ballet Idaho shall perform for the public, between 4:30 p.m. and 7:00 p.m., on February 6, 2023, in Venue. B. Sound system; set up and sound checks. Ballet Idaho may provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements no earlier than 2:00 p.m. on February 6, 2023, and may rehearse and/or perform sound checks at that time. C. Risers; flooring. If Ballet Idaho elects to use risers or flooring for its performance, Ballet Idaho shall provide and set up such equipment, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. D. Compensation. City shall make no payment to Ballet Idaho for services rendered under this Agreement. E. Cancellation. City may, in City's sole discretion, cancel the Event and/or Ballet Idaho's performance, for any reason. AGREEMENT FOR BALLET PERFORMANCE IN INITIAL POINT GALLERY PAGE 1 F. Venue. City shall provide for the performance the Venue,which is an indoor public area. Ballet Idaho shall be solely responsible for any and all measures necessary to protect equipment,performers, staff, and crew from damage or injury due to conditions that do or may exist at or in Venue. Ballet Idaho and Ballet Idaho shall comply with all requirements of the City Building Maintenance Technician or Arts &Culture Coordinator, as may be reasonable and for the purpose of protecting City facilities and property. G. Public venue. Ballet Idaho acknowledges that the Venue is a public place and that all members of the public shall be invited to attend. To this end,Ballet Idaho shall perform such material and in such a manner as shall be appropriate for all ages,values, and sensibilities. Ballet Idaho's performance and attire shall not include language, attire, and/or behavior that is profane, sexual,violent, or discriminatory. H. Photography and recording. City shall not be authorized by this Agreement to photograph, record,video tape,reproduce,transmit, or disseminate images or footage in or from the Venue. In the event that City wishes to do so, City shall follow the requirements of the American Guild of Musical Artists ("AGMA") for Publicity and Video/Photo Use as set forth in Exhibit A. City shall advise the organizer of the BOSCO exhibit of such requirements and request that its members also adhere to the AGMA requirements. City shall not be responsible for the actions of persons who are not under its employment or control. I. Time of the essence. Ballet Idaho acknowledges 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. J. Promotion of Event. City shall promote the performance in community promotional materials and avenues. Ballet Idaho may undertake additional promotional activities at Ballet Idaho's own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Ballet Idaho permission to use City's name in all forms and media and in all manners, except that City's logo may not be used in any manner whatsoever without the express,written consent of the Mayor's Chief of Staff. Ballet Idaho shall be listed as "Ballet Idaho" in all promotional materials that are created by City or within City's control. K. Indemnification. Ballet Idaho and each and all of its performers, employees, agents, volunteers, and/or representatives shall, and hereby do, indemnify, save, and hold harmless the City and any and all of its employees, agents,volunteers, guests, invitees, 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 Ballet Idaho or any of its performers, employees, agents,volunteers, and/or representatives, in connection with this Agreement or activities related thereto. Ballet Idaho acknowledges that the Event and its performance at Event presents risks, some of which are unknown, and do agree to assume all AGREEMENT FOR BALLET PERFORMANCE IN INITIAL POINT GALLERY PAGE 2 such known or unknown risks. L. Waiver. Except as to rights held under the terms of this Agreement, Ballet Idaho and each member of Ballet Idaho shall, and hereby do, waive 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 the 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. M. Relationship of Parties. Ballet Idaho and each member of Ballet Idaho is an independent contractor and is not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Ballet Idaho or any member of Ballet Idaho and City or any official, agent, or employee of City. Ballet Idaho and Ballet Idaho shall retain the right to perform services for others during the term of this Agreement. N. Compliance with law. Throughout the course of this Agreement, Ballet Idaho and each member of Ballet Idaho shall comply with any and all applicable federal, state, and local laws. O. Non-Discrimination. Throughout the course of this Agreement, neither Ballet Idaho nor any member of Ballet Idaho shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. P. 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. Q. 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. R. 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. S. 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 AGREEMENT FOR BALLET PERFORMANCE IN INITIAL POINT GALLERY PAGE 3 any other remedy. T. 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. U. 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. V. 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. W. Notice.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, addressed as follows: City: Ballet Idaho: Attn:Arts and Culture Coordinator Brad Miller,President City of Meridian Ballet Idaho 33 E. Broadway Avenue 501 S. 8th Street Meridian, Idaho 83642 Boise, Idaho 83702 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. X. Approval required. This Agreement shall not become effective or binding until approved by the City of Meridian. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. BALLET IDAHO: a e Anderson Interim Executive Director APPROVED: ATTEST: By: Robert E. Simison, Mayor 12-12-2023 Chris Johnson, City Clerk 12-12-2023 AGREEMENT FOR BALLET PERFORMANCE IN INITIAL POINT GALLERY PAGE 4 EXHIBIT A Summary of the American Guild of Musical Artists (AGMA) Publicity and Video/Photo Use Provisions 1. Notice of 24 hours MUST be given to the dancers prior to ANY photos or video being taken.Prior to this notice,the Association of American Dancing("AAD")MUST be given an additional 24-hour notice to ensure the filming/photography is included on the dancer's daily schedules. 2. ALL pictures and videos produced that include 2 or fewer dancers MUST be approved by the dancers. This can be done through the AAD or Ballet Idaho's marketing department.The dancers have 24 hours to approve the footage. 3. Credit MUST be given to dancers pictured if there are 2 or fewer dancers. Credit MUST be given to any dancers featured in any group footage. Credit should include the dancer's position in the Company if a Principal or Soloist. Credit MUST include the photographer,choreographer(if applicable),and any other artist whose work is presented within the footage. Credit will carry the line "Dancers included are—(include dancer names)".The easiest way for this to be done correctly is to send the footage to Ballet Idaho's marketing department for review and verbiage.Requests may be sent to ewestfallkballetidaho.org or cmrozinskikballetidaho.org. 4. Images,video,and/or any other promotional material not used by Ballet Idaho to promote Ballet Idaho or dance generally MUST go through a special negotiation process with AGMA before being shared.This can take a while, so it is best to start the process early. 5. Ballet Idaho may allow creation and distribution of promotional recordings of performances as long as the dancers can decide not to participate,appropriate notice was given(see above),and the recording is 5 minutes long or less. If the recording is longer than 5 minutes,additional restrictions will apply. AGREEMENT FOR BALLET PERFORMANCE IN INITIAL POINT GALLERY PAGE 5 E IDIAN --- AGENDA ITEM ITEM TOPIC: Cooperative Agreement Between Western Ada Recreation District (WARD) and the City of Meridian for Financial Contribution to Support Licensed Recreational Activities COOPERATIVE AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT and CITY OF MERIDIAN FOR FINANCIAL CONTRIBUTION TO SUPPORT LICENSED RECREATIONAL ACTIVITIES This COOPERATIVE AGREEMENT("Agreement")is entered into this 12th day of December 2023 (the "Effective Date") by and between Western Ada Recreation District, a recreation district created and organized under Title 31, Chapter 43 of the Idaho Code ("District"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("City") RECITALS a. District is a recreation district created to serve western Ada County. District's mission is to provide and promote aquatics recreation in Western Ada County, which it fulfills by the operation of the Meridian Community Pool ("Pool"). District also operates a .57 acre public park in the Settlers Village Subdivision ("Park") and is the Leaseholder of the Lakeview Golf Course ("Golf Course") in Meridian. b. Idaho Code§ 31-4317(h)) provides that District may enter into cooperative agreements with the state, other authorities, counties, and cities under the provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or District of said agencies. c. City and District have License and Maintenance agreement(s) in place whereby City, as licensee, has agreed to operate and maintain the Golf Course, the Pool, and the Park. d. District has budgeted, for the 2024 Fiscal Year, funds for operation and maintenance of the Pool, Park, and Golf Course. e. District desires to contribute to City the 2024 Fiscal Year budget amounts below for the Pool, Park, and Golf Course to support services, capital and overhead expenses as set forth in the License and Maintenance agreements between District and City. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Section 1.Term This Agreement shall be in effect commencing on the Effective Date and will terminate on the 30th day of September 2024,unless earlier terminated pursuant the mutual written agreement of the parties hereto. COOPERATIVE AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND CITY OF MERIDIAN PAGE1 Section 2.Purpose The purpose of this Agreement is for District to pay to City $ $315,670.00 to support services, capital and overhead expenses for the Pool,Park, and Golf Course, as set forth in the respective license and maintenance agreements for such facilities, in Fiscal Year 2024. City shall collect and retain revenues received from Pool, Park, and Golf Course operations. Section 3.Payment and Future Renewals. a) District shall pay the amount set forth in Section 2(a) in two equal payments. The first payment shall be made in February of 2024. The second payment shall be made in August 2024. The parties acknowledge that any Pool, Park, or Golf Course related expenditures incurred by District shall be deducted from the District's payment to City due in August 2024. District's payments shall be pro-rated in the event of termination of any of the license and maintenance agreements. b) Payment shall be made directly to City at: City of Meridian 33 E.Broadway Avenue Meridian, Idaho 83642 c) It is acknowledged by the Parties that District's mill levy rates shall be governed by the License and Maintenance Agreement between Western Ada Recreation District and the City of Meridian for Maintenance and Operation of Meridian Community Pool and Park at Settlers Village Subdivision ("License and Maintenance Agreement"), entered into by the Parties on February 8, 2022, and any subsequent amendments or addenda thereto. This Agreement, and successive iterations thereof, are and shall be subject to this License and Maintenance Agreement. Section 4.Miscellaneous. a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is,at the time of such execution, duly authorized to do so by such party's governing body and is fully vested with the authority to bind such party in all respects. b) If any provision of this Agreement is held invalid, illegal,or unenforceable,the remainder shall be construed to conform to the intent of the parties and shall survive the severed provisions. c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between District and City concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party- COOPERATIVE AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND CITY OF MERIDIAN PAGE2 d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. e) This Agreement is not intended to create,nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. f) Neither party shall have the right to transfer or assign all or any portion of such party's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of the other party. g) This Agreement shall be binding on the parties hereto, and their successors and assigns. EXECUTED and effective as of the Effective Date first above written. Western Ada Recreation District: City of Meridian: Shaun Wardle Robert E. Simison 12-12-2023 Board President Mayor ATTEST: Chris Johnson 12-12-2023 City Clerk COOPERATIVE AGREEMENT BETWEEN WESTERN ADA RE'CRE'A"HON DIS"rRICT AND CITY OF MERMAN PAGE3 E IDIAN --- AGENDA ITEM ITEM TOPIC: Dog Licensing Designee Agreements Between the City of Meridian and Meridian Veterinary Hospital, Pet Care Clinic, and Settler's Park Veterinary Hospital (:�,-VIE R Q �N,, DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this 12th day of December, 2023, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City,"33 East Idaho Avenue, Meridian,Idaho 83642, and Meridian Veterinary Hospital, hereinafter referred to as "Licensing Designee,"whose business address is 421 W Franklin Road, Meridian, Idaho 83642. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2024 to December 31,2024. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: Y. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e.,whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled;whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies. 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE I OF 5 3. Official log: Licensing Designee shall keep an official, monthly,written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent(50%) of the amount of each dog license fee collected on City's behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City's behalf; and b. A true and correct copy of the Licensing Designee's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (1 Oth)day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If,following the Meridian City Clerk's review and accounting of Licensing Designee's issuance of dog licenses,the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee's assertion of loss, theft, misplacement, mistake, or mismanagement of fees,tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log,fees remitted, and/or unissued tags,the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City fiends in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags,the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 2024 DOG LICENSING DESIGNEE AGREEMENT E PAGE 2 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee,nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement,shall be in writing and be deemed communicated when mailed in the United States mail, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Meridian Veterinary Hospital,421 W Franklin Road,Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign,transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records,reports, data and information as the City may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee's records with respect to all matters covered by this Agreement. 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 3 OF 5 N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws,ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty(30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause,Licensing Designee, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement,falsifies any record or document required to be prepared under this agreement,engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract,or if the Meridian City Council determines that termination of this Agreement is in the best interest of City,the City shall thereupon have the right to terminate this Agreement by giving Licensing Designee at least fifteen(15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents,data,and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City,become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City's behalf and all unissued dog license tags. Upon such remittance following termination,the Meridian City Clerk shall conduct an accounting(s)as set forth in sections E(2) and E(3)of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable,such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 2024 DOG LICENSING DESIGNEE AGREEMENT■PAGE 4 OF 5 S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: MERIDIAN VETERINARY HOSPITAL � s ignature Print Name CITY OF MERIDIAN BY: Robert E. Simison, Mayor 12-12-2023 Attest: Chris Johnson,City Clerk 12-12-2023 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 5 OF 5 C+(IENZ AN:---L DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this 12th day of December, 2023, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City," 33 East Idaho Avenue, Meridian, Idaho 83642, and Settlers Park Veterinary Hospital, hereinafter referred to as "Licensing Designee," whose business address is 3220 N. Meridian Road, Meridian, Idaho 83646. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2024 to December 31, 2024. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies. 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 1 OF 5 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City's behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City's behalf, and b. A true and correct copy of the Licensing Designee's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (1 Oth) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk's review and accounting of Licensing Designee's issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 2 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Settlers Park Veterinary Hospital, 3220 N. Meridian Road, Meridian, Idaho 83646 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. L Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: hi performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records,reports, data and information as the City may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee's records with respect to all matters covered by this Agreement. 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 3 OF 5 N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty(30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, Licensing Designee, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving Licensing Designee at least fifteen (15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 4 OF 5 S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: SETTLERS PARK VETERINARY HOSPITAL Designee's BY: i?iw Iva ✓'`'�'�US �VVL Print Name CITY OF MERIDIAN BY: Robert E. Simison, Mayor 12-12-2023 Attest: Chris Johnson, City Clerk 12-12-2023 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 5 OF 5 CM E IDIAN DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this 12th day of December, 2023, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City," 33 East Idaho Avenue, Meridian, Idaho 83642, and Pet Care Clinic, hereinafter referred to as "Licensing Designee," whose business address is 1151 E. Fairview Avenue, Meridian, Idaho 83642, A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2024 to December 31, 2024. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye,hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies. 2024 DOG LICENSING DESIGNEE AGREEMENT•PAGE r OF 5 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City's behalf. 5. Monthly submission to City Cleric: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City's behalf, and b. A true and correct copy of the Licensing Designee's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (loth) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk's review and accounting of Licensing Designee's issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags,the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 2024 DOG LICENSING DESIGNEE AGREEMENT•PAGE 2 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims,actions,judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Pet Care Clinic, 1 151 E. Fairview Avenue, Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements,records, reports, data and information as the City may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee's records with respect to all matters covered by this Agreement. 2024 DOG LICENSING DESIGNEE AGREEMENT■PAGE 3 OF 5 N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty(30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, Licensing Designee, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving Licensing Designee at least fifteen (15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property,and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City's behalf and all unissued dog license tags. Upon such remittance following termination,the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 4 OF 5 S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: PET CARE CLINIC Designee's SigKaturie BY: Print Name CITY OF MERIDIAN BY: Robert E. Simison, Mayor 12-12-2023 Attest: i Chris Johnson, City Clerk 12-12-2023 i 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 5 OF 5 E IDIAN --- AGENDA ITEM ITEM TOPIC: Interagency Agreement between the Ada County Highway District and the City of Meridian for Water and Sewer Improvements for Eagle Rd., Amity Rd. to Lake Hazel Rd. and Eagle Rd./Lake Rd. Hazel Intersection, ACHD Project No. 519034 & 319043 EIDIA1�-ftwool 1vlayor Robert E. Simison City Council Members Public Works I D A H Joe Borton John Overton Liz Strader Jessica Perreault Department BradHoaglun Luke Cavener 000 TO: Mayor Robert E. Simison Members of the City Council FROM: Troy Thrall—Staff Engineer II DATE: November 29, 2023 SUBJECT: INTERAGENCY AGREEMENT BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND THE CITY OF MERIDIAN FOR WATER,AND SEWER IMPROVEMENTS FOR EAGLE RD,AMITY RD TO LAKE HAZEL RD. AND EAGLE /LAKE HAZEL INTERSECTION, ACHD PROJECT NO. 519034 & 319043 REQUESTED COUNCIL DATE: December 12, 2023 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with the Ada County Highway District. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Troy Thrall—Staff Engineer II 208-489-0438 Kyle Radek—Assistant City Engineer 208-489-0386 Clint Dolsby—Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Public Works Director 208-985-1259 III. DESCRIPTION A. Background ACHD will be widening Eagle Road to five lanes between Amity Road and Lake Hazel Road as well as re-building the intersection of Eagle and Lake Hazel Road as part of their 2024 roadway program. As a utility within the public right of way, the City is responsible for adjustment of Public Works Department . 33 E. Broadway Avenue, Suite 200,Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org water and sewer infrastructure to allow for roadway projects. As part of the construction, City of Meridian utilities are being adjusted to meet required clearances. The construction will also allow the City to stub out utilities for future development. B. Proposed Project ACHD will improve Eagle Road from Amity Road to Lake Hazel Road and the Eagle/Lake Hazel Intersection. During construction, ACHD will have City of Meridian water and sewer improvements installed by their contractor. The water portion will consist of the adjustment of 8-inch and 12-inch PVC and HDPE, 8-inch and 12-inch gate valves, fire hydrants, subsequent adjustments of water valves, and the installation of water service stubs. The sewer portion will consist of the adjustments to existing manholes within the road corridor. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact The costs of the City of Meridian infrastructure improvements are estimated to be $843,040 and will be funded from the different accounts, as shown below. The actual costs will be presented to Council for approval following the bid opening for this project. Project Costs: ---------------------------------------------------------------------------------------------------------- Fiscal Year 2024 ------------------------------------------ ----------I------------------•-------------------------------- Eagle Rd,Amity to Lake Hazel _ _ - -- $166,472 --- - -------------------- - Eagle/Lake Hazel Intersection $676,588 r - -------------r-----------------i------------------' Total ; $843,040 -----------------------------------------------------1--------- ------- Proiect Funding ---------------------------------------------------------------------------------------------------------- Fiscal Year 2024 Account Code/Codes -----------------------------------•-----------------------------------i--------------------------- ---- Water Main Extensions 3490-96140 $824 780 ___________________________________Y--_----_--------------------------- .---------------.-----.----.---- y Sewer Main Extensions 3590-93505 $18,260 ----------------------------------- -------------------------------------------------------------------- Total Funding ; $843,040 V. TIME CONSTRAINTS ACHD plans to start construction on this project in January 2024. City approval of this agreement is required for ACHD to install sewer and water improvements as part of their project. This agreement is on the ACHD Commission agenda for the December 13, 2023. ACHD plans to award the bid for this project in January 2024. VI. LIST OF ATTACHMENTS A. Interagency Agreement between Ada County Highway District and the City of Meridian for water,reclaimed water and sewer improvements. Page 2 of 3 Approved for Council Agenda: �A Page 3 of'3 1Z ACHD connecting you to more INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION LAKE HAZEL ROAD AND EAGLE ROAD EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD ACHD PROJECT NOS. 319050 / 521043 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION ("Agreement") is made and entered into this 12th day of December , 2023, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project nos. 319050 and 521043. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights- of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction projects known as LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including constructing water and sewer services, adjusting water valve boxes and covers and sewer manholes to grade, and correcting potable/non-potable spacing issues (collectively, "City Water and Sewer Improvements") as detailed in Project nos. 319050 and Interagency Agreement for Roadway Construction and Water and Sewer Construction LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD Project Nos. 319050 and 521043 Page 1 of 10 521043, to be constructed pursuant to a separately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water and Sewer Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water and Sewer Improvements within the Project Boundaries; and NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water and Sewer Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the City Water and Sewer Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current CITY OF MERIDIAN Supplemental Specifications to the ISPWC. It is hereby specifically agreed that: i. Adjustment of water valve boxes and covers to grade shall include reconstruction in conformance with ISPWC Section 404, and ii. Adjustment of sewer manholes to grade shall include reconstruction in conformance with ISPWC Section 602. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water and Sewer Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements and if necessary, rebid the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water and Sewer Improvements from the Project and if applicable, the rebidding of the Project. Interagency Agreement for Roadway Construction and Water and Sewer Construction LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD Project Nos. 319050 and 521043 Page 2 of 10 d. Include in the CONTRACT, a term providing that MERIDIAN will have the right and authority to work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN including enforcement of the two (2) year warranty period to be started at the date described in the final acceptance letter from MERIDIAN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water and Sewer Improvements. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water and Sewer Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the CONTRACT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water and Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water and Sewer Improvements. k. Indemnify, save harmless and defend regardless of outcome, MERIDIAN from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by DISTRICT or DISTRICT'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by DISTRICT shall in no event cause the liability of DISTRICT for any negligent act to exceed the amount of loss, damages, or expenses Interagency Agreement for Roadway Construction and Water and Sewer Construction LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD Project Nos. 319050 and 521043 Page 3 of 10 of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of MERIDIAN. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water and Sewer Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water and Sewer Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water and Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN'S project costs as they relate to the total project construction costs. Interagency Agreement for Roadway Construction and Water and Sewer Construction LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD Project Nos. 319050 and 521043 Page 4 of 10 g. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer Improvements from one-foot (V) above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. h. Be liable for the cost of repairing any trench failure attributable to the City Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. i. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water and Sewer Improvements. j. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. 3. THE PARTIES HERETO FURTHER AGREE THAT: Interagency Agreement for Roadway Construction and Water and Sewer Construction LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD Project Nos. 319050 and 521043 Page 5 of 10 a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN 'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, Interagency Agreement for Roadway Construction and Water and Sewer Construction LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD Project Nos. 319050 and 521043 Page 6 of 10 and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water and Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. Interagency Agreement for Roadway Construction and Water and Sewer Construction LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD Project Nos. 319050 and 521043 Page 7 of 10 IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: Bruce Wong Alexis Pickering Director President, Board of Commissioners Interagency Agreement for Roadway Construction and Water and Sewer Construction LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD Project Nos. 319050 and 521043 Page 8 of 10 ATTEST: CITY OF MERIDIAN By: By: Chris Johnson Robert Simison City Clerk 12-12-2023 Mayor 12-12-2023 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of 2023, before me, the undersigned, personally appeared ALEXIS PICKERING and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. Interagency Agreement for Roadway Construction and Water and Sewer Construction LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD Project Nos. 319050 and 521043 Page 9 of 10 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Idaho My commission expires: STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 12th day of December 2023, before me, the undersigned, personally appeared ROBERT SIMISON and CHRIS JOHNSON, Mayor and City Clerk respectively of the CITY OF MERIDIAN, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Meridian Idaho My commission expires: 3-28-2028 Interagency Agreement for Roadway Construction and Water and Sewer Construction LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD Project Nos. 319050 and 521043 Page 10 of 10 E IDIAN --- AGENDA ITEM ITEM TOPIC: Declaration of an Emergency and Approval of Emergency purchase for the November 27, 2023 Meridian Road Water Main Break (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 12/12/2023 Presenter: N/A Estimated Time: N/A Topic: Declaration of an emergency and Approval of Emergency Purchase for the Meridian Rd. Water Main Break of 11/27/2023. Recommended Council Action: Declaration that an emergency existed and Approval of Emergency Purchase of repair work for the November 27, 2023 water main break on Meridian Rd. Background: On November 27, 2023 the City's Water Superintendent notified the Procurement Manager of an emergency on Meridian Road. The water main had burst and was currently causing significant damage to property. The Procurement Manager authorized the Water Superintendent to contact a contractor and move forward with emergency repairs to minimize the risk to property and the City's water supply. Per Idaho Statute 67-2808(a)(iii) the Procurement Division is requesting the City Council declare that an emergency existed. E IDIAN --- AGENDA ITEM ITEM TOPIC: Approval of Purchase Order#24-0163 to MetroQuip for one Vactor 2024 Water Recycler with a Kenworth 2025 Cab & Chassis for the not-to-exceed amount of $714,220.82 (:'*%M- 1E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur, Procurement Division Meeting Date: December 12,2023 Presenter: Consent Estimated Time: 0 Topic: Approval of PO #24-0163 to MetroQuip for one Vactor 2024 Water Recycler With a Kenworth 2025 Cab &Chassis for the Not-To-Exceed amount of$714,220.82 Recommended Council Action: Approval of PO #24-0163 to MetroQuip for one Vactor 2024 Water Recycler With a Kenworth 2025 Cab & Chassis for the Not-To-Exceed amount of$714,220.82. Background: This purchase order is written against the Sourcewell Cooperative Vactor Contract# 101221-VTR per State Statute 67-2807. (:�'*vVE NDIAN._*� IDAHO Purchase Order 12/12/2023 24-0163 woo) Attention: Warren Hudson CITY OF MERIDIAN Billie Attn: Finance g 33 E Broadway Ave 33 EAST BROADWAY AVE. Address: Meridian, ID 83642 MERIDIAN,ID 83642 (208) 888-4433 Shipping City of Meridian Wastewater Vendor Address: Address: 3401 N.Ten Mile Meridian, ID 83646 METROQUIP, INC. 1953 E COMMERCIAL ST MERIDIAN, ID 83642 Shipping Method: Truck FOB: Destination Pre-Paid Description Unit Quantity Unit Price Total 24-0163 Vactor 2024 Water Recycler With Kenworth 2025 Cab&Chassis Dollar 1.00 714,220.82 714,220.82 Purchase Order Total: $714,220.82 Purchasing Manager: Special Instructions Vactor 2024 Water Recycler With Kenworth 2025 Cab &Chassis Per Sourcewell-Vactor Contract# 101221-VTR, MQuip Quote# 2023-54601, Kenworth Quote#QUO-965010-X4M6H8 Not-To-Exceed $714,220.82 PO Approved By Council 12/12/2023 (60-3520-94100)Ticket# 105856. ME VACTOR Subsidiary of Federal Signal Corporation C� E IDIN IDAH4 City of Meridian WWTP Vactor 2100i Rec cler 2024 2100i PD, 18" Vacuum,Water Rec cler, 12 Yrd Debris-See Specs $568,614.25 2025 Kenworth T880, 66,000 GVWR,X15 450V,Allison 4500 RDS -See Specs $155,665.00 Dealer Costs- Fuel, Pre-Delivery Inspection, Etc. $7,000.00 Total $731,279.25 Sourcewell Contract#101221-VTR Discount -$17,058.43 Grand Total $714,220.82 NOVEMBER 7,2023 PRICING VALID FOR 30 DAYS Quote Number: 2023-54601 List Summary Order Part Number Description List Price Qty 1 2112i-18 2100i PD, 18" Vacuum, 12 yrd Debris, Combo $309,766.00 1 2018i dditional Water, 1500 Gal Total $5,120.00 1 15002iA 80 GPM/2500 PSI Jet Rodder pump $0.00 1 015iSTD Customer Supplied Chassis Modification Charge $0.00 1 010iSTD Operator Station Curbside Toolbox $0.00 1 011iSTD luminum Fenders $0.00 1 012iSTD Mud Flaps $0.00 1 014iSTD Electric/Hydraulic Four Way Boom $0.00 1 016iSTD Color Coded Sealed Electrical System $0.00 1 019iASTD Intuitouch Electronic Package $0.00 1 02OiSTD Double Acting Hoist Cylinder $0.00 1 025iASTD Handgun Assembly $0.00 1 026iSTD Ex Ten Steel Cylindrical Debris Tank $0.00 1 03OiSTD Flexible Hose Guide $0.00 1 032iSTD (3) Nozzles with Carbide Inserts w/Rack $0.00 1 045iSTD Suction Tube Storage $0.00 1 046iSTD 1" Nozzle Pipe $0.00 1 048iSTD 10' Leader Hose $0.00 1 1001iSTD Flat Rear Door w/Hydraulic Locks $0.00 1 1005iSTD Dual Stainless Steel Float Shut Off System $0.00 1 1009iSTD Full Rear Door Swinging Screen $0.00 1 1016iSTD Microstrainer Prior to Blower $0.00 1 1024iSTD Debris Body Vacuum Relief System $0.00 1 1031iSTD Debris Deflector Plate $0.00 1 1033iSTD 60" Dump Height $0.00 1 1041iSTD Debris Body-Up Message and Alarm $0.00 1 1053iSTD Stainless Steel Water Barrel for Jet Rodder Pump with $0.00 ater Recycler 1 2001iSTD [3" w Water Indicator On Screen w/Alarm and Water $0.00 mp Flow Indicator 1 2011iSTD Y-Strainer at Passenger Side Fill with 25' Fill Hose $0.00 1 2022iSTD Additional Water Tank Sight Gauge $0.00 1 2023iSTD Liquid Float Level Indicator $0.00 1 3019iSTD Digital Water Pressure Gauge $0.00 1 4000iSTD 180 deg. Non-Extending Boom $0.00 1 4006iSTD Front Joystick Boom Control $0.00 1 4010iSTD Boom Hose Storage $0.00 1 4017iSTD Boom Out of Position Message and Alarm $0.00 1 5011iSTD 3" Y-Strainer @ Water Pump $0.00 1 5015iSTD Midship Handgun Coupling $0.00 1 5022iSTD Side Mounted Water Pump $0.00 1 6005iDSTD Digital Hose Footage Counter $0.00 1 6007iSTD Hose Reel Manual Hyd Extend/Retract $0.00 1 6009iSTD Hose Reel Chain Cover $0.00 1 602OiBSTD Hydraulic Extending 15", Rotating Hose Reel, 1" x 800' $0.00 Capacity 1 6017iSTD Hydraulic Tank Shutoff Valves $0.00 1 7001iSTDTachometer/Chassis Engine w/Hourmeter $0.00 1 7003iSTD Water Pump Hour Meter $0.00 1 7004iSTD PTO Hour Meter $0.00 Quote Number: 2023-54601 2 of 9 1 7005iSTD Hydraulic Oil Temp Alarm $0.00 1 7007iSTD achometer & Hou rmeter/B lower $0.00 1 8000iSTD Circuit Breakers $0.00 1 8025iSTD LED Lights, Clearance, Back-up, Stop, Tail & Turn $0.00 1 9002iSTD ow Hooks, Front $0.00 1 9002iSTD ow Hooks, Rear $0.00 1 9003iSTD Electronic Back-Up Alarm $0.00 1 S39OBSTD 7" Vacuum Pipe Package $0.00 1 S560STD Emergency Flare Kit $0.00 1 S590STD Fire Extinguisher 5 Lbs. $0.00 1 1003i Debris Body Washout $1,926.00 1 1014i Centrifugal Separators (Cyclones) $6,730.00 1 1015iAB Folding Pipe Rack, Streetside, 7" Pipe $1,337.05 1 1015PBR Rear Door Pipe Rack Removed $0.00 1 1016iASTD Subframe Mounted, 2-Pipe Rack, 7" $0.00 1 1022i Rear Door Splash Shield $1,961.00 1 1023i Lube Manifold, with Lube Chart $2,912.00 1 1026i Debris Body Vibrator, Electric $3,425.00 1 2006i Air Purge $1,649.00 1 3015i Front Blower Controls $1,862.00 1 3017i Blower High Temp Safety Shutdown $664.00 1 3020i Digital Water Level Indicator $8587 1 3022i Digital Grey Water Level Indicator $2,304.00 1 4018i 180 deg. 10' x 15' Rapid Deployment Boom - PROMO $19,478.00 PRICING with Water Recycler Option 1 4011iB Bellypack Wireless Controls with hose reel controls, 2- $3,965.05 way communications, and LCD Display 1 4013i Rotatable Boom Inlet Hose $723.00 1 4021iA Vacuum Accumulator - Variable Speed $5,293.00 1 5008iB Cold Weather Recirculator, PTO Driven, 25 GPM $2,188.00 1 5010iA Rodder System Accumulator -Jack Hammer on/off $998.00 Control at Hose Reel 1 5019i Chassis Engine Cooling Package $4,467.00 1 5021iC Hydro Excavation Kit - Includes Lances w/ Shield, $3,316.00 Nozzles, Storage Tray, and Vacuum Tube 1 5029i Cyclone Washout System $619.00 1 5029iA RDB Washout Coupling $135.00 1 5030i Water Recycler $130,364.00 1 6003iC 800' x 1" Piranha Sewer Hose 2500 PSI in lieu of STD $2,233.00 1 6004iB Hose Wind Guide (Dual Roller), Auto, Indexing $4,786.00 1 6004iD Rodder Hose Pinch Roller $1,773.00 1 6008i Hose Reel Manual Rewind Tool $654.00 1 6014iA 2 High Pressure Hose Reels $3,581.05 1 6019i Rodder Pump Drain Valves $624.00 1 6019iA Final Filter and Silencer Ball Valve Drains $562.00 1 6031i Front Hose Reel Tool Storage $375.00 1 8001iM Rear Directional Control, LED Arrowstick $2,242.00 1 18001iN Front Directional Control, LED Arrowstick $2,242.00 Quote Number: 2023-54601 3 of 9 1 802OiL lorklight, Light Package, 14 Federal Signal Strobe Lights, LED $4,102.00 1 8027i D Mid-Ship Turn Signals $680.00 1 8028i orklights (2), LED,Boom $1,005.00 1 8029i orklights (2), LED, Rear Door $816.00 1 8029iA LED, Operators Station $748.00 1 8029iB Worklight, LED, Hose Reel Manhole $748.00 1 8029iC Worklight, LED, Curb Side $742.00 1 8029iD Worklight, LED, Street Side $742.00 1 9021iB Camera System, Front, Rear and Both Sides $1,898.00 1 9023iA Safety Cone Storage Rack - Post Style $206.00 1 9023iB Additional Safety Cone Storage Rack - Drop in Style $206.00 1 907OiB Long Handle Tool Storage $439.00 1 i112STD Module Paint, DuPont Imron Elite - Sanded Primer Base $0.00 1 i124STD Vactor 2100i Body Decal, Standard $0.00 1 LOGO-LOOSE actor/Guzzler Logos - Shipped Loose $0.00 1 50065513-30 Vactor Standard Manual and USB Version - 1 + Dealer $0.00 1 Chassis- Mod Chassis Modifications Charges $350.00 1 CUSTOMER 2025 Kenworth T880,X15 450 HP,4500 RDS,66,000 GVWR $155,665.00 1 8030i Hose Reel Wrapped for Delivery $0.00 1 R38723 Toolbox, Alum, 16W x 36H x 96D w/4 slide out trays (2 $6,240.00 per side) w/lighting 1 R30989 LATERAL CLEANING KIT - MOUNT UNDER MID SHIP $9,100.00 CONTROLS. ELECTRIC POWERED PAY-IN/PAY-OUT, 200' CAPACITY. 1 R33813 Debris body hydrant fill with air gap $2,269.00 1 R38782 Storage Basket Expanded Metal w/fold down door - $1,395.05 Street side only mounted between the tandem and rear bumper. 1 R45684 ool Basket, Front bumper Mounted, Street side, only, 16 $1,496.00 12 x 18 w/LED Side Marker; High pressure hose reel - Front bumper mounted (Curbside Bumper toolbox location) 1 VDS-153 Freight Charges $4,300.00 Chassis Source - Customer Supplied Module Paint Match Cab - No Module Paint Color - Blue Module Paint Color Code - N4636H Cab Color - Silver Cab Color Code - C9339EB Certified Unit Weights Required? - No Chassis Note: None Quote Number: 2023-54601 IT101T 0 r,-.T- 97kT hk CIT TRUCKS - PERU (C251) VACTOR MANUFACTURING 2650 MAY ROAD 1621 S ILLINOIS ST PERU, Illinois 61354 STREATOR, Illinois 61364 United States of America Grant Magerkurth Jared Dippel Cell Phone: Office Phone: 815 224-4410 Email: gmagerkurth@cittrucks.com Vehicle Summary Unit Chassis Model: T880 Series Conientional Fr Axle Load (lbs): 20000 Type: FULL TRUCK Rr Axle Load (lbs): 46000 Description 1: POKT45OA2023 G.C.W. (lbs): 66000 Description 2: City of Meridian Application Road Conditions: Intended Serv.: Construction: Vehicles used in the Class A (Highway) 85 cons Commodity: Excavated earth Class B (Hwy/Mtn) 10 Class C (Off-Hwy) 5 Body Class D (Off-Road) 0 Type: Vacuum tank Maximum Grade: 6 Length (ft): 23 Wheelbase (in): 268 Height (ft): 13.5 Overhang (in): 88 Max Laden Weight 4000 Fr Axle to BOC (in): 74 (Ibs): Cab to Axle (in): 194 Trailer Cab to EOF (in): 282 No. of Trailer Axles: 0 Overall Comb. Length (in): 404.5 Type: Length (ft): 0 Special Req. Height (ft): 0 U.S. Domestic registry, 50-state. Kingpin Inset (in): 0 Corner Radius (in): 0 Restrictions Length (ft): 120 Width (in): 102 Height (ft): 13.5 Approved by: Date: Note: All sales are F.O.B. designated plant of manufacture. Price Level: January 1, 2022 Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M61-18 Printed On: 7/7/2023 10.56.48 AM Page 2 of 14 Lej &A I a Sales Std/ Description $List Weight Code Opt Model 0000810 S T880 Series Conventional 213,378 15,549 0070060 S T880 0 0 0072001 O Chassis operation will include stationary 0 0 application used in lower 48 states [US only]. Stationary operation is defined as running the engine under load while stationary at a substantial fraction of engine gross horsepower (60% or greater) for an extended period of time (longer than 5 - 10 minutes). 0080055 O CARB Idle Emissions Reduction -Cummins 106 0 0090000 S Non-Sleeperw/rear axle capacity less than 59K. 0 0 0098412 O State of Registry: Idaho 0 0 Engine & Equipment 0130321 O X15 450V 450@2000 1650@950 5,245 465 2021 with Intebrake, Productivity Series N09420 C333 0.....Reserve Speed Limit Offset N09380 C334 0.....Maximum Cycle Distance (C334 N09360 C400 252...Reserve Speed Function Reset N09200 C399 120...Standard Maximum Speed Limit N09400 C401 10....Maximum Active Distance (C40 N09220 C402 0.....Expiration Distance (C402) N09540 C395 0.....Expiration Distance (C395) N09260 C121 64....Maximum Accelerator Pedal Ve N09440 C234 NO....Engine Protection Shutdown N09460 C231 NO....Gear Down Protection (C231) N09580 C133 5.....Tiimer Setting (C133) N09680 C233 NO....Idle Shutdown Manual Overrul N09480 C132 1400..Max PTO Speed (C132) N09300 C128 64....Maximum Cruise Speed (C128) N09500 C239 NO....Cruise Control Auto Resume N09520 C238 NO....Auto Engine Brake in Cruise N09240 C209 120...Hard Maximum Speed Limit (C2 N09780 C190 80....High Ambient Temperature Thr N09740 C188 40....Low Ambient Temperature Thre N09760 C189 60....Intermediate Ambient Tempera N09720 C382 YES...Enable Hot Ambient Automatic N09600 C396 YES...Enable Impending Shutdown Wa N09620 C397 60....Timer For Impending Shutdown N09640 C206 35....Engine Load Threshold (C206) N09560 C225 YES...Enable Idle Shutdown Park Br 1000046 O EPA Emissions Warranty Engine 0 0 1000151 S PremierSpec 0 0 Price Level: January 1, 2022 Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M6H8 Printed On: 7/7/2023 10.56.48 AM Page 3 of 14 k 59 j I IL rT. :T.T Sales Std/ Description $List Weight Code Opt 1000170 O Enable engine regeneration in PTO mode Cummins 0 0 1000244 O Gearing Analysis: Balance 0 0 power/economy blend results. 1000256 O Customer's Typical Operating Spd: 64 MPH 0 0 1000684 O Effective VSL Setting NA 0 0 1000858 O Engine Idle Shutdown Timer Disabled 0 0 1000859 O Enable EIST Ambient Temp Overrule 0 0 1000891 O Eff EIST NA Expiration Miles 0 0 1002080 O Air compressor: Cummins 18.7 CFM, Naturally 196 0 Aspirated for Cummins X15 engines 1051200 S Air Cleaner: composite firewall mounted PACCAR or 0 0 Cummins engines 1105220 O Fan Hub: Horton 2-Speed for X15 5 0 1123555 S Cooling module: 1330 square inches. 0 0 Includes aluminum radiator core, aluminum charge air cooler, translucent surge tank and washer bottle, silicone hoses, and extended life coolant. 1247234 S EXH: 2021 RH Under DPF/SCR with RH SOC Vertical 0 0 tailpipe. Not 2.1m high roof sleepers 1290118 O Tailpipe:5 in. Single 18 in. 45 degree curved. -95 0 1321109 O Fuel Filter:PACCAR Standard Service Interval 73 0 Fuel/Water Separator. 2017 and Later Emissions 1321205 S Run Aid:Fuel Heat 0 0 *For Fuel Filter 1321305 S Start Aid:12V Heat 0 0 *For Fuel Filter 1500029 O Kenworth Fuel Cooler 217 6 Required for Cummins engines with a single fuel tank. Required for PACCAR MX 13 engine with a single fuel tank and stationary use: High RPM, low chicle speed, sustained for longer than 1 hour. Optional for all other applications. 1504005 O Immersion block heater 120V 150OW w/plug under 147 2 door on C500, T660, T800 & W900. 1509029 O Shutoff valves for trailer heat with hoses routed 287 0 at minimum 3 feet BOC/BOS. Installation includes shutoff values on a loop of hose routed to 3' BOC/BOS. Trailer heat application not to exceed 12 kW (680 BTU/min) of heat draw from the engine. For applications requiring a significant amount of heat (6-12 kW, Ex: heating a tanker), the engine must be warmed up before opening shutoff values allowing coolant to flow. A separate coolant heater is recommended for applications requiring more heat. 1816260 O Alternator: PACCAR 160 amp, brush type -53 0 Price Level: January 1, 2022 Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M61-18 Printed On: 7/7/2023 10.56.48 AM Page 4 of 14 k 59 j I IL rT. :T.T Sales Std/ Description $List Weight Code Opt 1821225 O Batteries: 2 PACCAR GP31 threaded post (1000) -240 -59 2000 CCA starting. 1836103 O PACCAR Premium 12V Starter W/Cummins X15 Engines 123 0 PACCAR 12 \rolt electrical system. With centralized power distribution incorporating plug-in style relays. Circuit protection for serviceability, 12- volt light system with circuit protection circuits number & color coded. 1840065 S 12V low voltage disconnect for starter battery 0 0 protection. 1901017 S Remote PTO/Throttle, 12-Pin, Engine Bay 0 0 Remote Control Provision 1901078 O J1939 Harness Extension Under Hood at Firewall 134 0 Driver Side Transmission & Clutch 2016627 O Transmission: Allison 450ORDS 6-speed, With PTO 25,321 478 drive gear. No Retarder. 6th Generation controls. For vocational applications. Includes shift control, transmission oil temperature gauge, oil level sensor & heat exchanger. Transynd transmission fluid is standard on all Allison 1000, 2000, 3000 &4000 series transmissions. 2349099 U ACTL S/C:2349006: JACKSHAFT INS 3,263 0 NarrACTL S/C:2349006:JACKSHAFT INS 2405899 U ACTL S/C:2405815: 3 1810 W/1 CB 1,703 0 2410018 O Torque converter included w/Allison 0 0 Transmission. 2410151 O Pushbutton control center console mounted. 0 0 Class 8 with Allison Transmission. 2410204 O Allison Fuel Sense: Delete 0 0 2410433 U ALLISON GEN 5 RIDS PACKAGE 172 0 0 NarrALLISON GEN 5 RDS PACKAGE 172 REQUIRED FOR BODY INSTALL 2410999 U ACTL S/C:2410072: NO AUTO NEUTL 0 0 2429378 O Customer installed transmission PTO in the LH 0 0 Mounted position (8 o'clock)for Allison 3000 & 4000 transmissions. 2460068 U OPT LOC TRANS OIL COOLER FOR BODY 608 0 Narr OPT LOC TRANS OIL COOLER FOR BODY REQUIRED FOR BODY I NSTALL 2495023 O Two steel centerbearing crossmembers installed 364 70 with heavy-duty aluminum gussets replacing standard. Front Axle & Equipment 2506181 O Dana Spicer D2000 Front Axle rated 20K 371 -27 standard track. 2621078 O Front Brakes: 22K Bendix ES S-cam 16.5x6 in. -494 -46 2690013 O Front Brake Drum: 20,000 lbs. Meritor X30 16 42 light weight 16-1/2x6 in. Price Level: January 1, 2022 Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M6H8 Printed On: 7/7/2023 10.56.48 AM Page 5 of 14 k 59 J I IL rT. :T.T Sales Std/ Description $List Weight Code Opt 2701319 S Front Hubs Aluminum hub pilot 20,000 lbs. 0 0 16.5x6in. or Tin. or air disc brakes. 10 Bolt, 11-1/4 in. bolt circle. 2741970 S ConMet Preset Plus Hub package; front axle. 0 0 2750001 S Hubcap: front vented. 0 0 2765001 O Front Auto Slack Adjuster. 0 0 2866020 S Front Springs: Taperleaf 20K w/shock absorbers 0 0 w/ maintenance-free elastomer spring pin bushings. Standard with rubber pins except for C500 which has threaded pins. Not available on W900L. W900B use 2866021. 2893642 O Dual power steering gear: 16-22K TRW THP60 60 54 Not for use on T3. 2899336 S Power Steering Cooler:Radiator Mounted Air-to-Oil 0 0 2900024 O Front Frame Raised: 1 in. 48 0 Rear Axle & Equipment 3144183 O Dual Dana SpicerD46-172HP rear axle rated at 1,163 -156 46K. w/ 16mm housing and 2.06in. shaft diameter. Includes pump. Tandem rear axles. 3200430 O Rear Axle Ratio -4.30. 0 0 3334004 S Dual Rear Brakes 16-1/2x7 in. to 46K; 0 0 Bendix ES-extended service S-cam. 3392005 S Dual Rear Brake Drums: cast. 0 0 For use with 16.5X7" or 16.5X8.625" brake. 3407050 S Dual Rear Hubs: Aluminum hub pilot46K; 0 0 11.25" bolt circle. Requires "R" series outer ends. 3441972 S ConMet Preset Plus Hub package; dual rear axle. 0 0 3465002 S Dual Rear axle automatic slack adjusters. 0 0 For use with drum brakes. 3485207 S Spring Brake: 3030 long stroke dual 30 square 0 0 inches travel. Helps keep brakes in adjustment longer. 3495226 O Bendix 4S/4M anti-lock brake system. -3,677 0 3500037 O Interaxle driveline:1 Dana 1710 Series -199 -12 Tandem Rear Axels Only. 3747460 O Rearsuspension: Tandem Hendrickson RT463 46K. -51 689 54 in. axle spacing. Steel beams &barpin bushing. 6 in. saddle height. Unladen Height: 11.1 in. Laden Height: 10 in. 3830145 O Delete standard heavy-duty air springs for rear -37 -28 suspension. Tires & Wheels 4038676 S Front tires: Goodyear Armormax MSA 425/65R22.5 -9 -8 Price Level: January 1, 2uz, Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M6H8 Printed On: 7/7/2023 10.56.48 AM Page 6 of 14 k 59 j I IL rT. :T.T Sales Std/ Description $List Weight Code Opt 20PR.44.4 in. diameter 20.6 in. SLR. all position. On/Off highway. Wide-base tire. 4277487 O Reartires: Bridgestone M799 11R22.5 16113R. 1,016 80 42 in. diameter, drive. 19.5 in. SLR. Code is priced per pair of tires. 4900008 O Rear Tire Quantity: 8 0 0 5045216 O Front Wheel:Alcoa 82362 22.5x12.25 aluminum, -102 -10 with Lvl One [TM] finish High Polish, hub-pilot mount. 114001b. maximum rating. Super single. Standard track axles may be over 102 in. w/425 tires. Air disc brake compatible. 5243550 O Rear Wheel:Alcoa ULA18 22.5x8.25 MagnaForce 1,584 -316 aluminum alloy, hub-pilot mount. 74001b maximum rating. Air Disc Brake compatible. High polish. 5900008 O Rear Wheel/Rim Quantity: 8 0 0 Frame & Equipment 6054600 O Frame Rails: 10-5/8 x 3-1/2 x 5/16 in. Steel to 466 393 337 in. to 416 in. Truck frame weight is 2.91 lb.-in. per pair of rails. Section modulus is 14.80, RBM is 1,776,000 in-lbs per rail. Frame rail availability may be restricted based upon application, axle/suspension capacity, fifth wheel setting, or component/dimensional specifications. The results of the engineering review may result in a change to the requested frame rail. If a change is required Kenworth Application Engineering will advise the dealer of the appropriate material specification for a substitute rail. 6141600 O Full Steel Insert: for 10-5/8 in. or 10-3/4 in. 2,681 773 Steel 337 in. to 416 in. or 2nd insert for 11-5/8 in. steel frame. Adds 1,149,000 in-lb to main rail RBM. Truck insert weight is 2.05 lb.-in. per pair of rails. Full frame insert length is equal to wheelbase plus rear frame cutoff plus dimension forward of front axle by model: T660, T680, T800, T880 = 21.26 in.; C500B = bumper setting minus 0.79 in.; W900B = 5.27 in., W900L = 1.50 in., W900S =3.27 in.; T440/T470 50 in. bumper setting =21.26 in., T470 73 in. bumper setting = 72.3 in. 6309910 U Delete bumper: Requires a bumper setting code. -408 0 6319485 S 48.5 in. Bumper setting. Requires a bumper code. 0 0 6391201 O Custom Frame Layout: one chassis 1,380 0 CFL A/D: SAME AS PREV 449043 CFL BBX: LOCATE AS CLOSE AS POSSIBLE TO DPF/SCR CFL AM 2 AIR TANKS UNDER BBOX SAME AS PREV 449043 CFL C/M: SAME AS PREV 449043 6400636 O Battery box cantilever aluminum BOC with 171 8 fiberglass cover. 6409902 O Battery box location: RH Side. 116 15 6451090 S T470,C5, T6, T8 non-polished DPF/SCR or CNG cover 0 0 diamond plate w/ step. For use w/ 2010 or later exhaust systems. For T8, use extended length non-polished battery box on opposite rail to match the length of under cab components. End plates will be painted standard black frame color. Price Level: January 1, 2022 Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M6H8 Printed On: 7/7/2023 10.56.48 AM Page 7 of 14 k 59 j I IL rT. :T.T Sales Std/ Description $List Weight Code Opt 6679806 O Do not drive: Bumper is deleted. Unit may be 0 0 decked. Transporter review delivery options. Requires code 6309910 or 6309912. 6679911 O Component Restriction: Do Not Drive- Unit may be 0 0 decked. 6721102 S Rear mudflap arms: Betts B-25 standard-duty, 0 0 straight. Includes B1732 mounting brackets as standard. 6722000 S Rear mudflap shields: White plastic antisail w/ 0 0 Kenworth logo. 6742009 S Square end-of-frame w/o crossmember; non-towing. 0 0 6790003 O Special frame drill:dealer to provide drawing 1,797 0 with dimensions and revision level. Acceptable hole diameters range from 10.2 mm to 40.4 mm. Preferred file format is .pdf. Not for use for rear suspension, fifth wheel or other published frame drilling code. Does not replace clear frame space requests or custom frame layout. Narr 50440ON REVC,SAME AS PREV 449043 Fuel Tanks & Equip 7210090 O Fuel Tank: 90 US gallon 24.5in. aluminum under 140 -4 replace. Class 8 fuel tanks w/o locking caps include an anti-siphon device on the filler neck. 7722153 S Small round DEF tank, 14 gallons. 0 0 The DEF tank will be located on the side you specified. If you have specific configuration or body builder concerns, please utilize the Custom Frame Layout option. Standard capacity is calculated by fuel capacity of the vehicle and will accommodate two diesel fill-ups for every DEF fill-up. For 1:1 DEF fuel fill ratio, add 7889204. 7831008 O 6 in. wide lower fuel tank step, for one 22 in. 63 2 or 24.5 in. tank LH. 7840015 O Polish only one aluminum tank. 477 0 7840038 O Polished cover for 1 DEF tank any size. 352 3 7881300 O Welded-in fitting w/gasket &cover plate for 52 0 mounting customer-installed fuel tank heater. 7881310 O Plate and gasket moved to rear of under cab fuel 55 0 tank. For customer installed fuel tank heaters only. 7889061 O Polished stainless steel tank straps for 1 tank. 87 0 7889203 S DEF to fuel fill ratio 2:1 or greater. 0 0 7889245 S Anti-siphon device in fuel tank filler neck. 0 0 For any number of fuel tanks. 7889604 S DEF tank location is LH. 0 0 7920090 O Location: 90 gal fuel tank LH under cab 0 0 Cab & Equipment Price Level: January 1, 2022 Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M6H8 Printed On: 7/7/2023 10.56.48 AM Page 8 of 14 19 rl :; 0 r, Lej &A I a Sales Std/ Description $List Weight Code Opt 8025301 S Cab: Stamped aluminum cab with panoramic curved 0 0 glass windshield. Standard with stamped aluminum doors, heavy duty in-swinging hinges, and triple sealed doors. Manufactured using self- piercing rivets and structural adhesive. Includes LED exterior marker lights and turn signals. 8090604 O Hood: T880 Standard Length With Mechanically 345 15 Fastened Fenders. 122.6 inch BBC. 8098212 O Bright Engine Air Intake 105 0 Chrome Trimmed Engine Air Intake on Both Sides of Hood 8108011 S Cab HVAC - Day Cab and 40in Sleeper 0 0 System With Defrost, A/C, and 48,000 BTU/hr Heater. Includes automatic temperature control with one touch defrost operation and dash mounted cab temperature and solar intensity sensors. Pleated fresh air filter and cabin recirculation air filter standard. The Kenworth HVAC system is designed to provide optimal heating and cooling in all operating environments without need for additional insulation. Cab HVAC without sleeper heater AC is available with 40in sleeper. 8201047 S Kenworth Smartwheel: 18 in. Non-Leather With 0 0 Integrated Radio and Cruise Controls. 8201051 O Column Mtd Retarder Control, RH Side 0 0 Use with Manual &Allison Transmissions Only. 8201200 S Adjustable telescoping tilt steering column. 0 0 8205202 U PTO WIRING W/O DASH SW 30 0 8209999 O Spare Power Wiring For Customer Installed Devices 93 2 Behind Dash Cluster. Includes 2 batt, 2 ign, 1 acc, 1 LVD at 20A each. 8222404 S Gauge: DID Virtual Gauge -Oil Temp Engine 0 0 8222413 S Gauge: DID Virtual Gauge - Manifold 0 0 Pressure Boost 8222414 S Gauge: DID Virtual Gauge - Engine Percent 0 0 Torque 8282027 S Main Instrument Package: 15" Digital Display. 0 0 Includes Speedometer, Tachometer, Primary Air Pressure, Secondary Air Pressure, Fuel Level #1, DEF Level, DPF Filter Status, Fuel Economy, Oil Pressure, Coolant Temp, OAT and Voltmeter, and Air Application. 8282107 O Large flat panel on rider side dash for 45 0 customer-installed controls. Reduces gauge count by 6. 8282120 O USB Charging Port - Dash Panel 0 0 *Requires 15" Digital Display 8282027/8282028 8300008 S Interior color: Slate Gray 0 0 8330102 S Interior package:Vantage daycab 0 0 Includes durable headliner and vinyl sidewalls with geometric patterned trim and anodized aluminum accents throughout. Convenient overhead storage cubbies, full size glove box, two center console cupholders, and Price Level: January 1, 2022 Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M6H8 Printed On: 7/7/2023 10.56.48 AM Page 9 of 14 k 59 J I IL rT. :T.T Sales Std/ Description $List Weight Code Opt large door pad map pocket. Standard LH/RH power windows, electric door locks, interior LED lighting, nighttime-friendly red ambient lighting for dash and footwell, and door mounted courtesy light. Includes two standard 12V power outlets. Driver sunvisor includes strap. 8390634 S Rubber floormat 0 0 8410278 O Driver Seat: GT702 HB with DuraCloth w/Vinyl 291 10 material. The GT702 is standard with a single air bag, scissor linkage seat suspension that incorporates seat height memory, auto-leveling valves with exit air dump, and adjustable damper. It includes a dual chamber lumbar support, 10in Fore/Aft adjustment, 5in Up/Down adjustment with protection zones, 2.5in pan extension, 51 degree seat back recline, and 16 degree full seat tilt. Includes 3-point matching seat belts. DR seat standard w/ dual armrests. 8460278 O Rider Seat: GT702 HB with DuraCloth w/Vinyl 567 44 material. The GT702 is standard with a single air bag, scissor linkage seat suspension that incorporates seat height memory, auto-leveling valves with exit air dump, and adjustable damper. It includes a dual chamber lumbar support, 10in Fore/Aft adjustment, 5in Up/Down adjustment with protection zones, 2.5in pan extension, 51 degree seat back recline, and 16 degree full seat tilt. Includes 3-point matching seat belts. RD seat standard w/ LH armrest. 8490181 S Seat Color: Black 0 0 8601432 O Kenworth Radio DEA710 AM/FM/WB/USB, Bluetooth 37 0 8698974 S Base Level Audio System - Daycab:High Performance 0 0 Door Speakers. 8700196 O Turn Signal: Self-Cancelling 17 0 8700283 S LH and RH Trip Ledge Rain Deflectors 0 0 8700406 O Stainless steel permit panel on cab, driver side 108 0 only 8700634 O Provision For Ram Side Of Dash 50 0 Allows To Maintain 12 Gauges 8700663 S Kenworth TruckTech+ 0 0 The Kenworth Remote Diagnostics system provides the Worlds Best reporting of engine and aftertreatment fault codes, as well as enhanced support for the truck owner through rapid communication of fault severity and recommended actions. This option is Standard on all Heavy Duty Kenworths with a PACCAR MX engine, Cummins X15 engine, PX engine or Natural Gas engine. Optional on Medium Duty Kenworths. 8800372 O Grabhandle: LH, Exterior, Side of Cab - Ergonomic 148 3 Grab Handle Mounted To The Left Hand Exterior Of The Cab For Entry and Exit. 8800402 S Dual Cab Interior Grabhandles: A Pillar Mounted 0 0 Dash Wrap and B Pillar Mounted Grabhandles 8832113 S Kenworth Daylite Door with standard LH/RH 0 0 Price Level: January 1, 2022 Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M6H8 Printed On: 7/7/2023 10.56.48 AM Page 10 of 14 k 59 j I IL rT. :T.T Sales Std/ Description $List Weight Code Opt electric door locks and LH/RH electric window controls. 8841411 S Single air horn under cab. 0 0 8850139 S Look-Down, Pass. Door, Black 11x6 0 0 8865003 O Aero Mirror: Dual Kenworth Chrome Aero. Motorized 354 0 Heated Mirrors, Tin X 13in With Chrome Mirror Shell and Black Mirror Arms. Also Includes LH/RH Heated 6in X 7in Cony Mirrors. Mirror Brackets Set For 8-1/2 ft Load Width. Mirror Controls Located On Driver Side Door Pad. 8871447 O Rear cab stationary window with dark tint 45 0 19in x 36in. 8890101 S One-piece bonded-in windshield with curved glass. 0 0 Standard. 8890135 S Exterior stainless steel sunvisor. 906 19 8890348 O Wheelwell Fender Extension: 4.5 inches 19 1 8890876 S Kenworth Cab/Sleeper Air Suspension. 0 0 Lights & Instruments 9010553 S Headlamps: SAE Dual Halogen Complex Reflector 0 0 9022137 S Marker Lights: Five, rectangular, LED 0 0 9030016 S Turn Signal Lights: Flush mounted LED. Mounted at 0 0 top of fender wheel arc. 9030052 S LED Stop,Turn,Tail: With Two LED 0 0 Backup Lights and With An LED License Plate. 9090000 O Daytime Running Lamps. 180 0 9090039 S Marker Lights: Interrupter Switch. 0 0 Included in Turn Signal For All Models Except T3. The T3 Switch Is In The Dash. 9090049 S Omit Brake Light with Engine Brake. 0 0 Can only be selected when chassis also has engine brake. Cannot be used with options to delete engine brake. 9090115 O Reflectors: Two Midframe 23 0 9090126 O Electric Backup Alarm: Meets SAE J994 & OSHA 167 4 requirements. 9090302 O Junction Box: Mounted Behind Cab or Sleeper 157 1 Not Mounted at End of Frame. 9090849 O Polyswitches replacing fuses. Switch will 49 0 automatically reset after removal of excess load. Air Equipment 9101218 S Air Dryer: Bendix AD-HF Puraguard Heated 0 0 Price Level: January 1, 2u2� Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M6H8 Printed On: 7/7/2023 10.56.48 AM Page 11 of 14 k 59 J I IL rT. :T.T Sales Std/ Description $List Weight Code Opt 9108001 S Moisture ejection valve w/pull cable drain. 0 0 9140020 S Nylon airtubing in frame &cab, excluding hoses 0 0 subject to excessive heat or flexing. 9140248 O Locate air dryer under LH rail BOC 0 0 This code requires the use of a custom frame layout code. Extended Warranty 9200021 S Base Warranty-Standard Service Heavy Duty 0 0 12 months / 100,000 miles / 160,000 km. 9212611 O 24 Month TruckTech+ Subscription for Cummins 0 0 Engines 9220001 O Base Warranty: Emissions 0 0 5YR/100K MI - EPA Engine Miscellaneous 9409852 O GHG Secondary Manufacturer: Does Not Apply 0 0 9490003 O Additional lead time required for off highway& 0 0 /or specialty component truck. 9491659 S VMUX Architecture 0 0 Promotions Paint 9700000 O Paint color number(s). 0 0 N9702 A- C9339 BRT SILVER SPARKLE N9720 FRAME N0001 BLACK 9943004 O Bumper Unpainted 0 0 9943052 O Day Cab Pearl Metallic Paint 817 0 9944820 S 1 -Color Paint- Day Cab 0 0 Color will be White if no other color is specified. 9965510 S Base coat/clear coat. 0 0 The Kenworth Color Selector contains additional instructions, as well as information on Kenworth paint guidelines and surface finish applications. Kenworth is standard with Dupont Imron Elite paint. Order Comments Price Level: January 1, 2022 Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M6H8 Printed On: 7/7/2023 10.56.48 AM Page 12 of 14 r,-.T- 97kT 0 Total Weight 18,062 Prices and Specifications Subject to Change Without Notice. Unpublished options mayrequire review/approval. Dimensional and performance data for unpublished options mayvary from that displayed in CRM. PRICING DISCLAIMER While we make every effort to maintain the web site to preserve pricing accuracy,prices are subject to change without notice. Although the information in this price list is presented in good faith and believed to be correct at the time of printing, we make no representations or warranties as to the completeness or accuracy of this information. We reserve the right to change, delete or otherwise modify the pricing information which is represented herein without any prior notice. We carefully check pricing specifications, but occasionally errors can occur, therefore we reserve the right to change such prices without notice. We disclaim all liability for any errors or omissions in the materials. In no event will we be responsible for any damages of any nature whatsoever from the reliance upon information from these materials. Please check your order prebills to confirm your pricing information Price Level: January 1, 2022 Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M6H8 Printed On: 7/7/2023 10.56.48 AM Page 13 of 14 ITIOIr,-.T- 97kT a 11L M Shipping Destinations Intermediate Destination: Final Destinations Quantity Price Level: January 1, 2022 Date: July 07, 2023 Deal: POKT45OA2023 Quote Number: QUO-965010-X4M6H8 Printed On: 7/7/2023 10.56.48 AM Page 14 of 14 City Of Meridian -ailed Statement of Revenues and Expenditures - Detailed Statement of Rev and Exp Report - DB 60 - Enterprise Fund 3520 - WW Collection Lines From 10/1/2023 Through 9/30/2024 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining ales 650,000.04 0.00 650,000.04 100.000 Dutlay 650,000.04 0.00 650,000.04 100.000 650,000.04 0.00 650,000.04 100.000 Page: 1 0 Idaho Statutes Idaho Statutes are updated to the website July 1 following the legislative session. TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2807 . COOPERATIVE PURCHASING. With the approval of its governing board, a political subdivision may participate in cooperative purchasing agreements with the state of Idaho, other Idaho political subdivisions, other government entities, or associations thereof. Political subdivisions may also participate in cooperative purchasing programs established by any association that offers its goods or services as a result of competitive solicitation processes . Goods or services procured by participation in such cooperative agreements or programs shall be deemed to have been acquired in accordance with the requirements of this chapter. History: [67-2807, added 2019, ch. 67, sec. 2, p. 161 . ] How current is this law? E IDIAN --- AGENDA ITEM ITEM TOPIC: Approval of Purchase Order for the Not-to-Exceed amount of$480,558.60 to Kellermeyer Bergensons Services, LLC (KBS) for City Facility Janitorial Services (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Division Meeting Date: 12/12/2023 Presenter: N/A Estimated Time: 0.00 Topic: Approval of Purchase Order (PO) for the Not-to-Exceed amount of$480,558.60 to KBS for City Facility Janitorial Services. Recommended Council Action: Approve and authorize Procurement Manager to sign PO# 24-0109 for FY24 Janitorial Services at City Facilities. Background: This PO is associated with the executed Contract Amendment No.1 dated 11/30/2023 in the amount of$16,250.76,which increased FY24 services total amount to $480,558.60. CITY OF MERIDIAN �E IDIAN Purchasing Department ®m DATE OF 33 E BROADWAY AVE, STE 106 �OF MERIDIAN REQUEST 7 MERIDIAN, ID 83642 Public Works PURCHASE ORDER NUM TEL: (208)489-0417 SLIPS,CARTONS ' 1 FAX: (208)887-4813 AVAILA IS BUDGE SUGGESTED VENDOR Kellermeyer Bergensons Services, LLC 3605 Ocean Ranch Blvd. Ste 200 Oceanside, CA 92056 CITY S PROJECT MANAGER PAYMENT TERMS IFREIGHTTERMS F.O.B. REQUE Max Jensen NET 30 PREPAID DESTINATION PROJECT NAME: FY2024 City-wide Janitorial Services Description of Purchase • • CODE! DESCRIPTIONPART NUMBER/ • OR TASK ORDER I CONTRACT I PROJECT DESCRIPTION CODE City Hall 1 Annual $ 159,875.21 1 1 1850 I 52016 Police Admin 1 Annual $ 80,990.82 1 2110 52016 Police K9 1 Annual $ 2,583.36 1 I 2110 I 52016 Police PSTC 1 Annuall $ 31,733.10 1 I 2170 52016 Police Scenario Village 1 Annual $ 4,595.40 1 2170 52016 Water Admin 1 Annual $ 8,843.04 60 3400 52016 Wastewater Admin Building 1 Annual $ 19,300.68 60 3500 52016 Wastewater Controls Building 1 1 jAnnual $ 10,855.08 1 60 3500 I 52016 Wastewater Lab 1 1 jAnnuall $ 6,632.28 1 60 1 3500 52016 NOTES: Council Approval Date: 12-12-2023 e%� 'd AUTHORIZED DEPARTMENT SI CITY OF MERIDIAN �E�IDIANf�- Purchasing Department DATE OF 33 E BROADWAY AVE,STE 106 Cl I Y�OF MERIDIAN REQUEST 7 MERIDIAN, ID 83642 Public Works PURCHASE ORDER TEL: (208)489-0417 SLIPS,CARTONS FAX: (208)887-4813 AVAILAE See PO F IS BUDGET SUGGESTED VENDOR Kellermeyer Bergensons Services, LLC 3605 Ocean Ranch Blvd. Ste 200 Oceanside, CA 92056 CITY Sl PROJECT MANAGER PAYMENT TERMS IFREIGHTTERMS F.O.B. REQUE Max Jensen NET 30 PREPAID DESTINATION PROJECT NAME: FY2024 City-wide Janitorial Services Description of Purchase Quantity and Pricing • • . • •ki •- • Parks and Rec Maintenance 1 Annual $ 4,620.24 1 5210 52016 Homecourt 1 Annual $ 116,412.66 1 5130 52016 Community Center 1 Annual $ 11,314.62 1 5120 52016 Fire Sta 1 1 Annual $ 751.50 1 2210 52016 Fire Sta 2 1 Annual $ 720.14 1 2210 52016 Fire Sta 3 1 Annual $ 720.14 1 2210 52016 Fire Sta 4 1 Annual $ 720.14 1 2210 52016 Fire Sta 5 1 Annual $ 720.14 1 2210 52016 Fire Sta 6 1 Annual $ 751.50 1 2210 52016 Fire Safety Center 1 1 Annuall $ 720.14 1 2210 52016 Meridian Community Pool 1 1 Annuall $ 17,698.50 1 5400 52016 NOTES: Council Approval Date: 12-12-2023 AUTHORIZED DEPARTMENT SIG IDIAN�--- CITY OF MERIDIAN CONTRACT AMENDMENT No 1 KELLERMEYER BERGENSONS SERVICES, LLC For JANITORIAL SERVICES CONTRACTOR NAME: DEPARTMENT NAME: Kellerme er Ber ensons Services, LLC Public Works Building Maintenance ADDRESS: 3605 Ocean Ranch Blvd. Ste 200 Oceanside, CA 92056 CURRENT CONTRACT INFORMATION: Amendment Date:11/7/2023 Contract No.: 10150.0 Current Contract Dates: START: 10-1-2022 COMPLETION: 9-30-2023 Current Contract Amount(Inclusive of Previous Amendments to Date): $464,307.84 DESCRIPTION OF REASON FOR AMENDMENT:(Attach all relevant documentation detailing amendment): Negotiated 3.5%increase in service fee for FY24. NEW CONTRACT INFORMATION: Amendment Date: 11-8-2023 New Contract Dates: START: 10-1-2023 COMPLETION: 9-30-2024 Amount of Amendment Change $16,250.76 Current Contract Amount(Inclusive of Previous Amendments to Date): $480,558.60 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERIDIAN KBS BY: BY: _ KqR6 Watts, Procurement Manager Mark Lymbery CFO Dated: 11/30/2023 Dated: 11/16/23 PREVIOUS FY24 FY24 LOCATION MONTHLY MONTHLY ANNUAL COST COST COST City Hall Complex $ 12,872.40 $13,322.93 $ 159,875.16 Police Station Admin $6,521.00 $6,749.24 $ 80,990.88 Building Police Station - K-9 $ 208.00 $215.25 $ 2,583.00 Building Police Station Public Safety Training Center $ 2,555.00 $2,644.43 $ 31,733.16 (PSTC) Police Station Scenario Village $ 370.00 $382.95 $ 4,595.40 Water Administration $ 712.00 $736.92 $ 8,843.04 Wastewater Resource Recovery Facility— $ 1,554.00 $1,608.39 $ 19,300.68 Admin Building Wastewater Resource Recovery Facility $ 874.00 $904.59 $ 10,855.08 Controls Building Wastewater Resource Recovery Facility Lab $ 534.00 $552.69 $6,632.28 Building (only area specified) Parks and Recreation $ 372.00 $385.02 $ 4,620.24 Maintenance Building Parks and Recreation $ 9,373.00 $9,701.06 $ 116,412.72 Homecourt Community Center $ 911.00 942.89 $ 11,314.68 Fire Station 1 $ 60.51 $62.63 $ 751.56 Fire Station 2 $ 57.98 $60.01 $ 720.12 Fire Station 3 $ 57.98 $60.01 $ 720.12 Fire Station 4 $ 57.98 $60.01 $ 720.12 Fire Station 5 $ 57.98 $60.01 $ 720.12 Fire Station 6 $ 60.51 $62.63 $ 751.56 Fire Safety Center $ 57.98 $60.01 $ 720.12 Meridian Pool $ 1,425.00 $1,474.88 $ 17,698.56 FY24 KBS Rate Schedule FY23 ORIGINAL ORIGINAL MONTHLY YEARLY AMOUNT AMOUNT $12,872.40 $154,468.80 $13,322.93 $6,521 .00 $78,252.00 $6,749.24 $208.00 $2,496.00 $215.28 $2,555.00 $30,660.00 $2,644.43 $370.00 $4,440.00 $382.95 $712.00 $8,544.00 $736.92 $1,554.00 $18,648.00 $1 ,608.39 $874.00 $10,488.00 $904.59 $534.00 $6,408.00 $552.69 $372.00 $4,464.00 $385.02 $9,373.00 $112,476.00 $9,701 .06 $911 .00 $10,932.00 $942.89 $60.51 $726.12 $62.63 $57.98 $695.76 $60.01 $57.98 $695.76 $60.01 $57.98 $695.76 $60.01 $57.98 $695.76 $60.01 $60.51 $726.12 $62.63 $57.98 $695.76 $60.01 $1,425.00 $17,100.00 $1,474.88 TOTAL $38,692.32 $464,307.84 $40,046.55 FY24 $13,322.93 $159,875.16 $6,749.24 $80,990.88 $215.25 $2,583.00 $2,644.43 $31,733.16 $382.95 $4,595.40 $736.92 $8,843.04 $1 ,608.39 $19,300.68 $904.59 $10,855.08 $552.69 $6,632.28 $385.02 $4,620.24 $9,701 .06 $116,412.72 $942.89 $11,314.68 $62.63 $751 .56 $60.01 $720.12 $60.01 $720.12 $60.01 $720.12 $60.01 $720.12 $62.63 $751 .56 $60.01 $720.12 $1,474.88 $17,698.56 TOTAL $40,046.55 $480,558.60 E IDIAN --- AGENDA ITEM ITEM TOPIC: Approval of Product Sale Agreement with Trace3 for Nutanix Software Subscription and Support and authorize the Procurement Manager to execute the agreement and sign the PO for the Not-to-Exceed amount of$347,634.80 (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Buyer; Procurement Div. Meeting Date: 12/12/2023 Presenter: Consent/ Dave Tiede; IT Dept. Estimated Time: 0.00 Topic: Approval of Product Sale Agreement with Trace3 for Nutanix Software Subscription for the Not-to-Exceed amount of$347,634.80. Recommended Council Action: Approval of Sale Agreement and authorize the Procurement Manager to execute Agreement and sign the Purchase Order (PO) for the Not-to-Exceed amount of$347,634.80. Background: This Sale Agreement is part of a Cooperative Agreement (GSA Schedule Number: 47QSWA18D008F) for Software purchase and support.All parties agree to the GSA terms and conditions as well as Trace3 terms. ,ITY OF MERIDIAN Purchase Requisition Purchasing Department ME= DATE OF 1 11/29/2023 33 EAST BROADWAY AVENUE CITY OF MERIDIAN REQUEST MERIDIAN, ID 83642 IT Department PURCHASE ORDER NUMBER MUST APPEAR ON - TEL: (208)489-0417 33 E. Broadway Ave.#304 SLIPS,CARTONSAND CORRESPONDENCE RELATED TO THIS ORDER FAX:(208)887-4813 Meridian, ID 83642 AVAILABLE BUDGET AMOUNT $399,999.96 IS BUDGET AMENDMENT REQUIRED? )rive, Suite 100 CITY SUPPORT TICKET NO. PAYMENT TERMS FREIGHT TERMS F.O.B. REQUESTOR NET 30 PREPAID DESTINATION I Jen Robbins ;placement of Existing Nodes Plus 1 Year Support 0 • • • COMMITMENTQTY UNIT UNITPRICE FUND OR -• ITOTALAMOUNT wROJECT DESCRIPTION •D • ]COMMITMENT# ;loud Infrastructure Data (NCI-D) &Production Software Support 256 Each $ 287.00 01 1510 94350 0 $73,472.00 with 64GB Memory, 15.36 TV is part of Sys conf, LOM Module 25GbE, 2 port, NIC; no transceiver 8 Each $ 35,400.85 01 1510 94350 0 $283,206.80 HW Support for Nutanix 8 Each $ 957.00 01 1510 94350 0 $7,656.00 1 Each $ 2,800.00 01 1510 94350 0 $2,800.00 ime Discount(Includes Pro-rated :xisting Equipment) 1 Each 1 ($19,500.00) 01 1510 94350 0 -$19,500.00 tte: 12-12-2023 $347,634.80 TY 8 each with 2X16C 3.6 Ghz 6444Y Procs, 786GB Memory & Pro Sofware 7QSWA18DO08F AUTHORIZED DEPARTMENT SIGNATURE City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 01 - General Fund 1510 - Information Technology From 10/1/2023 Through 9/30/2024 Budget with Current Year Budget Amendments Actual Remaining Capital Outlay 94350 Capital - Computers & 399,999.96 0.00 399,999.96 Printers Total Capital Outlay 399,999.96 0.00 399,999.96 DEPT EXPENDITURES 399,999.96 0.00 399,999.96 TOTAL EXPENDITURES 399,999.96 0.00 399,999.96 Date: 12/5/23 09:48:51 AM Page: 1 TRACE3 City of Meridian Nutanix Refresh Nutanix 8XNX- 8155's Gen9 Nodes each with 2X16C 3.6Ghz Intel 6444Y Procs, 786GB Memory, 8X15TB NVMe Drives, Dual Port 100/40/25G Network Card, NCI-D Pro Software, 1 YR Quote#Trace3.099373.v1 Prepared for: City of Meridian IEli Daniel 7505 Irvine Center Drive, 11 EMM 92618 TRACE3 It Am Nutanix 8XNX-8155's Gen9 Nodes each with 2X16C 3.6Ghz Intel 6444Y Procs, 786GB Memory, 8X15TB NVMe Drives, Dual Port 100/40/25G Network Card, NCI-D Pro Software, 1 Year Support - GSA Schedule Number: 47QSWA18DO08F �F_Qty Part Number •. 1- Ext. Price 1 128 SW-NCI-D-PRO-PR Subscription,Nutanix Cloud Infrastructure Data $287.00 $36,736.00 (NCI-D) Pro Software License&Production Software Support Service for 1 CPU Core, 1 Year 2 12 Term-Months Term in months $0.00 $0.00 3 4 NX-8155-G9-6444Y-CM NX-8155-G9, 1 Node;2x Intel Xeon-Gold 6444Y $35,400.85 $141,603.40 processor(3.6 GHz/16-core/270W,Sapphire Rapids) per node.Also Includes: C-TPM-2.0-U-CM 4 64 C-MEM-64GB-4800-CM 64GB Memory Module(4800MHz DDRS RDM) $0.00 $0.00 5 32 C-NVM-15.36TB-A-CM 15.36 TB NVMe SSD $0.00 $0.00 6 4 C-SSD-NONE-CM No SSD as part of the system configuration $0.00 $0.00 7 4 C-LOM-10G2D1BT-CM LOM Module: Broadcom 10GbE,2-port, Base-T $0.00 $0.00 NIC(BCM 57416) 8 4 C-NIC-100G2A2-CM Mellanox 100/40/25GbE,2-port, NIC(CX6 $0.00 $0.00 100GbE);transceiver not included 9 8 C-PWR-4FC13C14A-CM C13/C14, 10A,4ft Power cord $0.00 $0.00 10 4 S-HW-PRD 24/7 Production Level HW Support for Nutanix $957.00 $3,828.00 appliance-For Tier 5 product 11 12 Support-Term Support Term in Months $0.00 $0.00 12 4 C-TPM-2.0-U-CM TPM 2.0 Module Unprovisioned $0.00 $0.00 13 128 SW-NCI-D-PRO-PR Subscription,Nutanix Cloud Infrastructure Data $287.00 $36,736.00 (NCI-D) Pro Software License&Production Software Support Service for 1 CPU Core, 1 Year 14 12 Term-Months Term in months $0.00 $0.00 1•• • 7505 Irvine Center Drive,Suite 00 WAM 92618 7AC E 3 Nutanix 8XNX-8155's Gen9 Nodes each with 2X16C 3.6Ghz Intel 6444Y Procs, 786GB Memory, 8X15TB NVMe Drives, Dual Port 1OO/4O/25G Network Card, NCI-D Pro Software, 1 Year Support - GSA Schedule Number: 47QSWA18DOO8F Number .. 15 4 NX-8155-G9-6444Y-CM NX-8155-G9, 1 Node;2x Intel Xeon-Gold 6444Y $35,400.85 $141,603.40 processor(3.6 GHz/16-core/270W,Sapphire Rapids) per node.Also Includes: C-TPM-2.0-U-CM 16 64 C-MEM-64GB-4800-CM 64GB Memory Module(4800MHz DDRS RDM) $0.00 $0.00 17 32 C-NVM-15.36TB-A-CM 15.36 TB NVMe SSD $0.00 $0.00 18 4 C-SSD-NONE-CM No SSD as part of the system configuration $0.00 $0.00 19 4 C-LOM-10G2D1BT-CM LOM Module: Broadcom 10GbE,2-port, Base-T $0.00 $0.00 NIC(BCM 57416) 20 4 C-NIC-100G2A2-CM Mellanox 100/40/25GbE,2-port, NIC(CX6 $0.00 $0.00 100GbE);transceiver not included 21 8 C-PWR-4FC13C14A-CM C13/C14, 10A,4ft Power cord $0.00 $0.00 22 4 S-HW-PRD 24/7 Production Level HW Support for Nutanix $957.00 $3,828.00 appliance-For Tier 5 product 23 12 Support-Term Support Term in Months $0.00 $0.00 24 4 C-TPM-2.0-U-CM TPM 2.0 Module Unprovisioned $0.00 $0.00 25 1 Platform Integration Platform Integration Fee $0.00 $0.00 26 1 Platform Integration Platform Integration Fee $0.00 $0.00 Subtotal: $364,334.80 0•• 7505 Irvine Center Drive,Suite 00 92618 7AC E 3 Trace3 Discount Number •. Description 1 1 T3-DISCOUNT Trace3 Special One-Time Discount(Includes pro- ($19,500.00) ($19,500.00) rated credit for Renewal for existing equipment) Subtotal: ($19,500.00) 0•• of 6 7505 Irvine Center Drive,Suite 00 .099aM 92618 7AC E 3 City of Meridian Nutanix Refresh Nutanix 8XNX-8155's Gen9 Nodes each with 2X16C 3.6Ghz Intel 6444Y Procs, 786GB Memory, 8X15TB NVMe Drives, Dual Port 100/40/25G Network Card, NCI-D Pro Software, 1 YR Prepared by: Prepared for: Quote Information: Trace3-Irvine City of Meridian Trace3.099373.v1 Jayme Gesner 33 E Broadway Quote Date: 11/21/2023 jgesner@trace3.com Meridian,ID 83642 Expiration Date: 12/14/2023 Eli Daniel (208)489-0505 edaniel@meridiancity.org Quote Summary Description Nutanix 8XNX-8155's Gen9 Nodes each with 2X16C 3.6Ghz Intel 6444Y Procs,786GB Memory,8X15TB NVMe Drives, $364,334.80 Dual Port 100/40/25G Network Card, NCI-D Pro Software, 1 Year Support-GSA Schedule Number:47QSWA18DO08F Trace3 Discount ($19,500.00) Subtotal: $344,834.80 Shipping: $2,800.00 Total: $347,634.80 Upon client signatory's execution of this Quote,he/she affirms that: 1. Client will purchase and pay Trace3 for the equipment and/or services referenced above; 2.Without a separate written agreement signed by Trace3 and client,equipment and/or services referenced above are provided solely subject to the terms of this Quote and the applicable terms and conditions located at http://www.trace3.com/legal 3. He/she is authorized to accept this Quote on behalf of client and has complied with all of client's business practices in making this purchase; 4. Quoted amounts exclude ; and 5. Client is responsible for submitting exemption certificates for sales tax-exempt purchases. 6. Use of the equipment and/or services referenced above is subject to the applicable end-user license agreement of the manufacturer. 0•• 7505 Irvine Center Drive,Suite 00 92618 7AC E 3 City of Meridian Signature: Name: Robert E. Simison Title: Mayor Date: 12-12-2023 Attest: Chris Johnson, City Clerk 12-12-2023 0•• TRACE3 Product Sale Terms 1. Scope. Pursuant to the written offer (the "Quote")to sell certain amount lesser than the entire amount of an Invoice will be deemed hardware and/or software products (the "Products") which to be otherthan on account of the earliest due amount,nor will any references these Product Sale Terms (these "Sale Terms"),Trace3, endorsement or statement on any check or letter accompanying any LLC, a California limited liability company ("Trace3"), hereby offers check or payment be deemed an accord and satisfaction,and Trace3 to sell to the client named in the Quote ("Client") such Products may accept such check or payment without prejudice to Trace3's referenced therein. right to recover the balance of any amount due or pursue any other remedy provided for in these Sale Terms. In connection with the 2. Acknowledgment. CLIENT ACKNOWLEDGES AND AGREES THAT: (A) foregoing,Trace3 will have the absolute right in its sole discretion to THE SIGNED QUOTE AND ANY WRITTEN ORDER TO PURCHASE THE applyany payment receivedfrom Clientto anyaccountof Clientthen PRODUCTS(A"PURCHASE ORDER")PROVIDED BY CLIENT TO TRACE3 not current and due and delinquent. Payment via Visa,Mastercard, IN RESPONSE TO SUCH QUOTE IS MADE SUBJECT TO THESE SALE American Express, other credit card, virtual card (e.g., American TERMS; (B) THESE SALE TERMS WILL GOVERN THE RELATIONSHIP Express BIP),or any card or program similar to any of the foregoing BETWEEN TRACE3 AND CLIENT AND PREVAIL NOTWITHSTANDING will be accepted only if preapproved by Trace3 in writing. Any such ANY VARIANCE OR CONFLICT WITH ANY TERMS CONTAINED IN ANY payments will be subject to a processing fee of at least 3%of the PURCHASE ORDER, STATEMENT OF WORK OR OTHER AGREEMENT total fees paid via such payment method. OR INSTRUMENT SUBMITTED BY CLIENT TO TRACE3; (C)ANY PRE- PRINTED OR OTHER TERMS OR CONDITIONS INCLUDED WITH OR IN 6. Standard Order Procedure. Products may only be ordered by Client ANY OF THE DOCUMENTS REFERENCED IN ITEM (B)WILL HAVE NO by mailed,e-mailed orfaxed Purchase Orders referencing these Sale EFFECT WHATSOEVER; (D)TRACE3 RESERVES THE RIGHT TO REJECT Terms and stating the quantity, specific Products, applicable price, OR ACCEPT ANY PURCHASE ORDER SUBMITTED BY CLIENT, IN ITS shipping instructions and requested delivery date. Client SOLE DISCRETION; AND (E) TRACE3'S ACCEPTANCE OF ANY acknowledges and agrees that in the event any Purchase Order fails PURCHASE ORDER IS MADE SUBJECT TO CLIENT'S ACCEPTANCE OF to reference these Sale Terms, these Sale Terms will nevertheless THESE SALE TERMS. govern the relationship between Trace3 and Client. Purchase Orders will be subject to written acceptance by Trace3 and delivery 3. Delivery. Trace3 will accept Client's Purchase Orders under these schedules will be established in accordance with Products availability Sale Terms for requested delivery of Products up to two months after and Client's credit status. the date of a Purchase Order. 7. Change Requests. Cancellation and Rescheduling. Any and all 4. Prices. Prices for Products will be as stated in the Quote and will be changes to previously submitted Purchase Orders soughtto be made billed to Client in one or more invoices submitted by Trace3 to Client by Client must be provided in writing by Client via mail,e-mail orfax (the "Invoices") for payment. Quoted Prices for Products may be notice and are subject to approval by Trace3. All requests to cancel changed by Trace3 upon 30 days prior written notice to Client(the Purchase Orders and return Products must be pre-authorized by "Notice Period"). Purchase Orders received by Trace3 (a) before Trace3 in writing. Trace3 may accept returns for Products then- commencement of the Notice Period and which are not shipped currently held in Trace3 inventory within 30 days of purchase. priorto the expiration of the Notice Period,and(b)during the Notice Purchase Orders for Products not held in Trace3 inventory(including, Period which specify a delivery date within 30 days following the but not limited, Products shipped directly from third party OEMs or expiration of the Notice Period, will be invoiced at the previously Distributors)and software may not be cancelled or returned except existing lower price for such Products. under special circumstances and only upon pre-authorization by Trace3. If Client is permitted by Trace3 to cancel all or any portion 5. Payment Terms. Subject to approval by Trace3's credit department, of a Purchase Order and/or return Products, it will pay a restocking Client commits to make payments within 30 days of the date of charge equal to(a)the amount of any restocking charge imposed by issuance of the Invoice by Trace3 to Client. the applicable OEM or Distributor,if any,or(b)30%of the purchase Cnm iirarl nn p rlpily hncic fnr enrh rl,,,+he.,,,,.,,@..+;g,�@i;....,,e..+.,+ price for any Products shipped from Trace3's inventory. If Trace3 is h„r,+e„e. tha laccarnflvl 1R"/ncr�ic�r nr1�il+he.,,,„i.,,1 1.,, ..,;++e,� unable to meet the requested delivery schedule, it will provide notice to Client as soon as it is reasonably aware of such situation. —lava- Trace3 reserves the right to refuse shipment of Products to No Products may be returned except in the event Client and Trace3 Client if any delinquent Invoices are outstanding. Trace3 reserves have mutually agreed in writing. the right to invoice Client upon the shipment of purchased Products Destination to Client,including whole or partial orders and regardless of whether g. Delivery;Title& Risk of Loss. Delivery of Products is"F.O.B.9 . . such Products is shipped to Client by Trace3 or a Products distributor #reign%and insurance prepaid and added." Risk of loss or damage for ("Distributor") or manufacturer("OEM"), and payment will be due Products will pass to Client on delivery of such Products by Trace3 or 30 days after the date of issuance of such Invoice. Trace3 may refuse a Products Distributor or OEM, as applicable, to Client's common to ship Products on credit for any reason or for no reason carrier. Products are deemed accepted by Client for risk of loss whatsoever. Trace3 further reserves the right to refuse payment purposes upon delivery to Client's common carrier. Client is terms if, in Trace3's sole discretion, such terms would create an responsible for all costs relating to the shipment and insurance of unreasonable credit risk for Trace3. In such event, deliveries of any Products. Trace3 will make reasonable efforts, but will not be Products to Client will be available only on a C.O.D. or cash-in- obligated, to deliver the Products in accordance with Client's advance basis. No payment by Client or receipt by Trace3 of an 1 Revised April 2019 Product Sale Terms TRACE3 Product Sale Terms shipping instructions and choice of carrier. Trace3 will make DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED commercially reasonable efforts to deliver all Products on or before HEREUNDER FAILS. CLIENT HAS ACCEPTED THIS DISCLAIMER OF the due date as specified in any Purchase Order for such Products. LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE Trace3 will make reasonable efforts to expedite delivery of any PRICE OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICE OF "ASAP orders." Title to Products will pass to Client only once THE PRODUCTS WOULD BE HIGHER IF TRACE3 WERE REQUIRED TO payment is received in full for such Products. BEAR ADDITIONAL LIABILITY FOR DAMAGES. 9. Taxes and Duties. All fees for Products will be exclusive of all 13. Products Changes. Trace3 reserves the right to change,improve or national,federal,state,local,international(with respect to Products add any new Products or discontinue offering any Products at any provided outside of the United States), property or any other time. governmental use, sales, excise, occupational, ad valorem, VAT or import (with respect to Products provided outside of the United 14. Indemnity. Client agrees to indemnify and hold Trace3 harmless States)taxes and duties,and any other similartaxes or duties. If any from any claims or damages(inclusive of reasonable attorney's fees), such tax,fee or charge is imposed on a transaction subject to these including claims of infringement, made against Trace3 as a result of Sale Terms,such tax will be paid by Client in addition to the invoiced alleged negligence,misrepresentation,error or omission on the part fees. If Trace3 is required to pay any such tax,fee or charge Client of Client or its affiliates, directors, officers, employees, agents or will reimburse Trace3 for such payment. All taxes,fees and charges representatives. with respect to Trace3's income or gross receipts derived from its 15. Entire Agreement. These Sale Terms are the complete, final and provision of Products hereunder(including franchise, employment and income taxes of Trace3), will be the obligation of and paid by exclusive statement of the terms and conditions of sale for the Trace3. Products between Trace3 and Client and supersedes any and all other agreements between them relating to the subject matter 10. Exports. The Parties acknowledge that Products and/or related hereof. These Sale Terms may not be modified except in a writing confidential information provided under this Agreement may be executed by both parties. These Sale Terms will prevail subject to U.S. and applicable foreign export laws and regulations. notwithstanding any variance or conflict with any terms contained in Each party will comply with all applicable U.S. and foreign export any Purchase Order statement of work or other agreement or laws and regulations and anti-boycott laws. instrument submitted by Client to Trace3. 11. Warranties. Client acknowledges and understands that Products 16. Force Maieure. Trace3 will not be liable to Client for any alleged loss provided under these Sale Terms may be manufactured by one or or damages resultingfrom the delivery of the Products being delayed more third parties (and not Trace3). Accordingly, Trace3's sole by acts of Client, acts of civil or military authority, governmental responsibility to Client with respect to sch Products or components priorities,fire,floods,epidemics, quarantine, energy crises,strikes, and parts thereof provided under these Sale Terms will be to pass labor trouble, war, riots, accidents, shortages, delays in through to Client such original Product OEM's available product transportation,or any other causes beyond the reasonable control warranty, if any. The Inventory Product Warranty Policy attached of Trace3. hereto as Annex A will apply to any Products provided out of Trace3 inventory ("Inventory Products"). EXCEPT WITH RESPECT TO 17. Waiver. A waiver of any default,or of any of these Sale Terms,will INVENTORY PRODUCTS AND AS SET FORTH ON ANNEX A, CLIENT not be deemed to be a waiver of any other default or of any other ACKNOWLEDGES AND AGREES THAT TRACE3 DOES NOT PROVIDE term or condition,but will apply solely to the instance to which such ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, waiver is directed. The exercise of any right or remedy provided in WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT these Sale Terms will be without prejudice to the right to exercise LIMITATION, THE WARRANTY OF MERCHANTABILITY OR FITNESS any other right or remedy provided by law or equity. FOR A PARTICULAR PURPOSE. 18. Severability. In the event any provision of these Sale Terms is found 12. LIMITATION OF LIABILITY. IN NO EVENT, WHETHER BASED IN to be invalid, illegal or unenforceable, the validity, legality and CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, FOR enforceability of the remaining provisions will not in any way be BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN affected or impaired thereby. TORT) WILL TRACE3 BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, 19. Assignment. Assignment of these Sale Terms by either party will be INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR prohibited without the express written consent of the other party; LOSS OF REVENUE OR PROFIT, LOSS OF BUSINESS OR OTHER provided, that (a) Trace3 reserves the right to subcontract any FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THESE SALE TERMS, AND/OR THE SALE, INSTALLATION, MAINTENANCE, support or maintenance obligation in connection with the sale of USE, PERFORMANCE, FAILURE OR INTERRUPTION OF PRODUCTS such Products,(b)Trace3 may assign these Sale Terms and any of its SOLD UNDER THESE SALE TERMS. NOTWITHSTANDING ANY OTHER rights hereunder in connection with its financing activities in the PROVISION OF THESE SALE TERMS,TRACE3'S MAXIMUM LIABILITY ordinary course of business, and (c) either party may assign these FOR DAMAGES HEREUNDER WILL NOT EXCEEDTHE PURCHASE PRICE Sale Terms and its rights and obligations hereunder upon written OF THE PRODUCTS PURCHASED WHICH IS THE SUBJECT OF THE notice to the other party in connection with a merger or sale of CLAIM FOR SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY FOR 2 Revised April 2019 Product Sale Terms RACE 3 Product Sale Terms substantially all of its assets or capital stock. Any other attempted and prosecuted in the state and federal courts located in QFange assignment in violation of this provision will be null and void. r ipty —UG,pia and the parties irrevocably submit to the jurisdiction of any such court. 20. Governing Law; Venue. These Sale Terms will be construed in accordance with,and all disputes hereunderwill be governed by,the 21. Attorney's Fees. In any action to enforce these Sale Terms, the laws of the State ofCaliigrpia,without regard to principles of conflict prevailing party will be awarded all court costs and attorney's fees of laws. Both parties agree that any action,suit or proceeding arising incurred. out of or relating to the Products or these Sale Terms will be initiated 3 Revised April 2019 Product Sale Terms TRACE3Inventory Product Warranty Policy Annex A—Inventory Product Warranty Policy FOR THE AVOIDANCE OF DOUBT, THIS WARRANTY POLICY ONLY effect after the OEM's warranty period has expired. For APPLIES TO INVENTORY PRODUCTS (E.G., PRODUCTS PROVIDED example, if the OEM's warranty period is two years and OUT OF TRACE3 INVENTORY)AND EXPLICITLY EXCLUDES PRODUCTS Trace3's applicable Warranty Period is three years, then SOLD BY TRACE3 AND PROVIDED DIRECTLY FROM AN OEM OR Trace3's warranty will apply for the one-year following DISTRIBUTOR. expiration of the OEM's warranty period. Should Trace3,at its sole discretion, replace OEM's warranted Inventory 1. Warranty. Trace3 warrants that Inventory Products purchased Product on Client's behalf during the OEM's warranty by Client from Trace3 will be free from defects in materials period, Client will return the OEM provided replacement and/or workmanship when utilized in normal use for the products to Trace3. Warranty Period (as defined below). This warranty is not transferable and applies to purchases directly by Client from b. Inventory Product without OEM Warranty—For Inventory Trace3 within the United States and Canada. Trace3 reserves the Products purchased from Trace3 without an OEM's right to exclude specific products from this warranty. warranty (or which are outside of an OEM's warranty but still under Trace3's Warranty Period), Trace3 will attempt For the Warranty Period,Trace3's sole warranty obligation will parts service using remote diagnosis or other service be to provide replacement parts and materials necessary to delivery methods at Trace3's sole discretion. If such parts maintain the Inventory Products in good operating condition. service is unable to resolve the issue, Trace3 will provide Inventory Products serial numbers must match Trace3 records advance parts replacement (e.g., providing replacement for a warranty to be honored. If Trace3 provides replacement product to Client in advance of receiving back the defective parts and the defective Inventory Product returned does not Inventory Product). This warranty does not cover hardware match Trace3's serial number records, Client hereby agrees to or software installation or maintenance costs for the pay Trace3 for the replacement parts based on the original replacement products. At Trace3's sole discretion,Trace3 purchase price. may repair or replace defective Inventory Products(a)with new, refurbished or previously used Products or parts 2. Warranty Period. The warranties provided under this Warranty equivalent to new Products or parts in performance and Policy will extend for the following periods (the "Warranty reliability, or (b) with equivalent Products to an original Period") from the shipment date from Trace3 (the "Purchase Inventory Product that has been discontinued. Trace3 Date"): reserves the right to replace with equal or better technology without any incremental charges to Client. a. Three years for all Dell EMC PowerEdge and HPE Proliant Replacement Products or parts are warranted to be free branded Inventory Products; from defects for the remainder of the applicable Warranty b. 90 days for Inventory Products comprised of(i) complete Period. All component parts or hardware Products systems or integrated technologies, and (ii) tape drives, returned by Client to Trace3 under this warranty will cache/controller batteries and consumable media;and become the property of Trace3. Trace3 will pay for ground shipping related to return of the repaired or replaced c. 30 days for individual or loose(e.g.,non-complete systems Product to Client. or unintegrated parts) purchased by entities that resell or transfer ownership of Trace3 Inventory Products, or for c. Defective Inventory Product — All defective Inventory such Inventory Products purchased by and delivered to Products must be returned to Trace3 within the specified Clients outside of the United States and Canada. timeframe after the replacement Product has been provided. Client is responsible for returning defective 3. Warranty Process. To obtain warranty service under the Trace3 Inventory Products using the original or comparable warranty, Client must, within the Warranty Period, contact packaging and for the safe transit of such Inventory Trace3 with the part number and serial number of the Inventory Products. If such defective Inventory Product is not Products. Trace3 will determine what items are covered under returned to Trace3 within the specified timeframe, Client (x)the OEM warranty, and/or(y)the Trace3 warranty provided will be invoiced for the replacement Product. herein. d. General a. Inventory Product with OEM Warranty — For Inventory Products purchased from Trace3 with an OEM warranty, i. Client agrees to provide reasonable cooperation to the OEM's warranty will supersede, control and take Trace3 to facilitate and/or receive warranty services precedence over any Trace3 warranty. At the Clients' and replacement Product or parts. The Warranty request, Trace3 will help facilitate the OEM warranty Period is not extended as a result of(x)purchasing any process. Trace3's remaining warranty, if any, will take additional Products from Trace3, (y) upgrading any purchased Products,or(z)Trace3 providing any Revised April 2019 Inventory Product Warranty Policy TRACE3Inventory Product Warranty Policy ii. replacement Product or parts.Client is responsible for EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION backing up data and operating system software before IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR returning any Inventory Products that may have A PARTICULAR USE. IN NO EVENT, WHETHER BASED IN proprietary information. Trace3 assumes no CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, FOR responsibility for lost data. BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT) WILL TRACE3 BE LIABLE FOR INCIDENTAL, iii. For warranty claims not protected under the Advance CONSEQUENTIAL,INDIRECT,SPECIAL OR PUNITIVE DAMAGES OF Replacement Warranty, the defective Inventory ANY KIND, OR FOR LOSS OF REVENUE OR PROFIT, LOSS OF Product will be treated as a depot repair which BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN requires time for Trace3 to perform proper diagnostics CONNECTION WITH THIS WARRANTY, AND/OR THE SALE, and/or provide replacement of Products or parts. INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE OR INTERRUPTION OF INVENTORY PRODUCTS SOLD BY TRACE3. iv. Trace3 assumes no responsibility for defective TRACETS MAXIMUM LIABILITY FOR DAMAGES RELATED TO THIS Inventory Product or replacement Product or parts WARRANTY WILL NOT EXCEED THE PURCHASE PRICE OF THE during shipment from Client to Trace3 or from Trace3 INVENTORY PRODUCTS PURCHASED WHICH IS THE SUBJECT OF to Client, whether within or outside of the Warranty THE CLAIM FOR SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY Period. FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY V. For depot repairs not covered by this warranty,Client PROVIDED HEREUNDER FAILS. CLIENT HAS ACCEPTED THIS is responsible for all labor, materials and shipping DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN costs. TO LOWER THE PRICE OF THE INVENTORY PRODUCTS AND UNDERSTANDS THAT THE PRICE OF THE INVENTORY PRODUCTS 4. Exclusions. The warranty provided hereunder does not cover: WOULD BE HIGHER IF TRACE3 WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGES. a. any Products not provided out of Trace3's inventory, including,without limitation,OEM or third-party software, software licensing & support, ownership transfer fees, revision level or software compatibility issues;or b. any damages or defects to Inventory Products purchased from Trace3 caused under the following conditions:acts of God, terrorism, abuse, neglect, accident, misuse, power fluctuations,usage of parts or components not supplied by Trace3,unsupported components,shipping damage,failure to perform preventative maintenance, or damage caused by peripherals, software, viruses or from other external causes. 5. Extended Warranty Options. a. At Trace3's sole discretion,extended warranty options may be made available to Client. Trace3 offers Clients a multi- year "Advance Replacement Warranty" for parts that extend the advance replacement warranty beyond the original 90-day Warranty Period. Such extended warranty options will be noted on Trace3's Quote, to the extent applicable. The Advance Replacement Warranty option is currently available for the following brands: Cisco, Dell EMC,Hewlett Packard Enterprise and Nimble. Other brands may be covered at Trace3's sole discretion. b. No extended warranty options are available fortape drives, cache/controller batteries and consumable media purchased from Trace3. 6. GENERAL. THE WARRANTIES SET FORTH HEREIN ARE CLIENT'S SOLE AND EXCLUVIE REMEDY FOR DEFECTIVE INVENTORY PRODUCT. TRACE3 DISCLAIMS ALL OTHER WARRANTIES, Revised April 2019 Inventory Product Warranty Policy E IDIAN --- AGENDA ITEM ITEM TOPIC: Resolution No. 23-2429: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Equipment to Chabad Lubavitch of Idaho, Inc.; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2429 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERRAULT, STRADER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE DONATION OF CERTAIN EQUIPMENT TO CHABAD LUBAVITCH OF IDAHO, INC.,AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain equipment owned by the City, as enumerated in Exhibit"A,"is no longer of use to the City of Meridian; WHEREAS,the City of Meridian's Fixed Asset Policy(section 3(d)(ii)(2))provides that surplus City property may be donated to non-profit organizations exempt from federal income tax under 26 U.S.C. § 501(c)(3); and WHEREAS,the City of Meridian desires to donate the equipment listed in Exhibit"A" to Chabad Lubavitch of Idaho, Inc., which is a non-profit organization exempt from federal income tax under 26 U.S.C. § 501(c)(3); NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO,AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that the equipment enumerated in Exhibit"A"is surplus property. Section 2. That the Mayor and City Council hereby authorizes the donation of the equipment listed in Exhibit"A"to Chabad Lubavitch of Idaho, Inc. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 12t'day of December, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 12r11 day of December, 2023. APPROVED: ATTEST: Mayor Robert E. Simison 12-12-2023 Chris Johnson, City Clerk 12-12-2023 RESOLUTION DECLARING AND AUTHORIZING DONATION of SURPLUS PROPERTY PAGE 1 O� -4 1 DEPARTMENT IEKID Police DEPARTMENT CONTACT CITY OF MERIDIAN Tracy B. PROPERTY INFORMATION FORM CITY TAG# DESCRIPTION LOCATION N/A Bulletproof Vests Police MODEL MANUFACTURER SERIAL/VIN# N/A N/A N/A ACQUISITION DATE ORIGINAL COST VENDOR LIFESPAN N/A N/A N/A N/A PROPERTY DISPOSAL AUTHORIZATION DISPOSAL METHODS Give a brief description of how you plan on disposing the asset Auction/Sell Bulletproof vests to be donated to Chabad Lubavich, Inc. X Donation/Transfer Trade In Discard/Recycle "Please remove all identifying logos prior to disposal REASON FOR DISPOSAL OF PROPERTY Bulletproof vests will be donated to Chabad Lubavich, Inc.to provide support in the Israel/Hamas war. CONDITION OF PROPERTY TO BE DISPOSED Fair 12 D ment Designee Approval Date N/A-Not a fixed asset. Finance Reviewed Date FOR FINANCE USE ONLY FA#not an FA GL Code: N/A Resolution No.: 23-2429 Approved by Council Date: 12-12-2023 Final Disposition of Property: E IDIAN --- AGENDA ITEM ITEM TOPIC: Owyhee High School Girls Rugby National Champions E IDIAN --- The Office of the Nayor PR0C .CAJgAT10X Whereas, being an Owyhee High School Rugby player is more than making passes, catches, big hits, and scoring trys, it is about developing leadership, character, confidence, resilience, discipline, and mental and physical toughness, all traits needed to succeed on the field, in the classroom, and in life; and, Whereas, The Storm completed the regular season with a record of 18-3 and pulled off a 27-7 win in the semifinals to move onto the finals; and, Whereas, the hard work and dedication of the Owyhee Storm Girls Rugby team and coaches has resulted in the program winning the National High School Girls Rugby Championship, as they took a 22-17 win in sudden death overtime, proving the team was in it to win it; and, Whereas, the third year Storm team led an excellent Idaho effort at the Western regionals, as five of the six top places were taken from Idaho teams, to proudly bring the trophy home to Meridian; and, Whereas, the leadership, training and discipline of their coaches Kirk Bradford, Jay Singleton and Tiave Watts helped all team members Maddie Metier, Elena Evans, Sequoia Austin, Amanda Homer, Kanani Watts, Elsie Kennedy, Laila Smith, Claire Smith, Hazel Detton, Stacey Featherstone, Maycee Mortensen, Allie Parry, KaliIa Castillo and Tayana Powell to focus their talents, passion, and determination to become a winning team, with each player making valuable contributions to their victory. Therefore, I Mayor Robert E. Simison, hereby proclaim December 12"', 2023 as Owyhee 3f's h School Gir& Rugby Wational Champ ions Day in the City of Meridian and call upon the community to join me in congratulating the Owyhee High Storm on their remarkable athletic achievement and for rep ing Meridian so proudly in the state tournament. Dated this this 12"' day of December, 2023 im)City on, Mayor Brad H aglu Council President Joe Borton, City Council Vice-President Luke Cavener, City Council Jessica Perrault, City Council Liz Strader, City Council ,y John Overton, City Council !it r_ a - self AN LL OJ IAAJ _ w - ��,' i _ G- OV IF �.� j� Ala • � r� '7 `—� � 'ay ' - f `y ' • .e . . �► Net _ ! IL _ N \_`, n Ail 7 N Net mri le IF OV We I — . Ime i -_ �_ -_may z = �4`�Np \_ \ E IDIAN --- AGENDA ITEM ITEM TOPIC: Fiscal Year 2024 Budget Amendment for a Not-to-Exceed Amount of $152,435.00 for Meridian Homecourt Bay 6 Tenant Improvement Mayor Robert E. Simison City Council Members: E ID1ANAIIVft--11 Joe Borton John Overton Liz Strader Jessica Perreault (j A H Brad Hoaglun Luke Cavener December 4th, 2023 MEMORANDUM TO: Mayor Robert Simison and City Council FROM: Garrett White, Recreation Manager, MPR Dept. RE: Meridian Homecourt Bay 6 Tenant Improvement and Budget Amendment Background The Resurge Church contract expires February 291", of 2024. As the Church moves out,we would like to conduct a tenant improvement that will allow the Parks & Recreation Department to use the existing space for a variety of community education classes. The tenant improvement includes items needed to make this space functional for community classes and replace outdated and worn items. The improvement consists of new multipurpose flooring, carpet, paint, facility signage, network needs (IT),furniture, and security items. The total cost of the improvement is $152,435.00. Objective To approve the proposed tenant improvement and budget amendment at the Meridian Homecourt. 12/5/2023 9:39AM City of Meridian FY2024 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total w IDIAN �-- 01 5130 41200 0 Wages C� 01 5130 41206 0 PT/Seasonal Wages 01 5130 41210 0 Overtime Please only complete thefields 01 5130 41304 0 Uniform Allowance highlighted in Orange. 01 5130 42021 0 FICA $ Amendment Details 01 1 5130 1 42022 1 0 IPERSI I $ Title: Meridian Homecourt Bay 6 Tenant Improvement 01 1 5130 1 42024 1 0 Worker's Comp I $ Department Name: Parks&Recreation 01 5130 42025 0 1 Employee Insurance $ Presenting Department Name: Parks&Recreation Total Personnel Costs $ Department#: 5130 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 5130 53100 0 Building Maintenance-Carpet $ 75,922 $ 75,922 Project#: 01 5130 53100 0 Building Maintenance-Walls $ 28,463 $ 28,463 01 5130 53100 0 Building Maintenance-Technology $ 12,044 $ 12,044 Is this for an Emergency? ❑ Yes ❑ No 01 5130 53100 0 Building Maintenance-Furniture $ 10,375 $ 10,375 New Level of Service? ❑ Yes ❑ No 01 5130 53100 0 Building Maintenance-Signage $ 12,013 $ 12,013 01 5130 53100 0 Building Maintenance-Security $ 1,650 $ 1,650 Clerks Office Stamp 01 5130 53100 0 Building Maintenance-Miscellaneous $ 1,500 $ 1,500 01 5130 53100 0 Building Maintenance-WiFi $ 10,378 $ 10,378 01 5130 0 $ - 01 5130 0 $ 01 5130 0 $ 01 5130 0 $ 01 5130 0 $ Date of Council Approval Total Operating Expenditures $ 152,345 $ $ 152,345 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 01 5130 0 �'� 12/5/23 01 5130 0 01 5130 0 Department Director 01 5130 0 F VIEWED 01 5130 0 Todd Lavoie at 9:40 am,Dec 05,2023 01 5130 0 Chief Financial Officer Total Capital Outlay $ Revenue/Donations John O.approved via email 12/5/2023. Fund# Dept.# G/L# Proj.# G/L#Description Total Cou/nut'Liaison 01 5130 0 01 5130 0 �� j -- 12-5-23 01 5130 0 1 Mayor Total Revenue/Donations $ Total Amendment Request $ 152,345 City of Meridian FY2024 Budget Amendment Form F:\Budget\FY2024\FY2024 Amendments\FY2024 Budget Amendment_Parks_Bay 6 Tenant Improvement 12/5/2023 9:39AM City of Meridian FY2024 Budget Amendment Form Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Parks&Recreation Funding 2024 2025 2026 2027 2028 Title: Meridian Homecourt Bay 6 Tenant Improvement Personnel $ - $ $ $ $ 1"trurtions for Subiuitring Budget AraelydrncFns Operating $ 152,345 $ $ $ $ i Department will send Amendment with Directors signature to Flnance[Budget Manager)for rewew Capital $ - ➢ Finance will send Amend—t to Council Llalson(vr signature Total $ - $ 152,345 $ - $ - $ - $ - 7 Council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 152,345 7 Mayor will send signed Mnendmentto Finance[budge[Manager) Evaluation Questions i finance{budget Manager)mil send approved ropy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. r Department win add ropy of Amendment to Council Agenda using Mumcode Agenda Manager 1. Describe what is being requested? The Resurge Church contract expires February 29th,of 2024. As the Church moves out,we would like to conduct a tenant improvement that will allow the Parks&Recreation Department to use the existing space for a variety of community education classes. The tenant improvement includes items needed to make this space functional for community classes and replace outdated and worn items. The improvement consists of multipurpose flooring,carpet,paint,facility signage,network needs(IT),furniture,and security items. 2. Why was this budget request not submitted during the current fiscal year budget cycle? Resurge Church contract was modified in late August just after the FY24 budget was completed and approved. 3. What is the explanation for not submittin&this budget re uest during the next fiscal Xear budget c cle? We would like to have this tenant improvement completed in time for our summer activity guide publishing in June of 2024. This will allow current programs to expand or grow and will allow for our department programs as a whole to grow and not turn customers away. 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. Funding would come from the general fund balance. 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. Yes. IT will be involved in the installation of the network and IT needs. Purchasing will be involved with the project bid process. 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? Total Amendment Request $ 152,345 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 FY2024 Budget Amendment Form F:\Budget\FY2024\FY2024 Amendments\FY2024 Budget Amendment_Parks_Bay 6 Tenant Improvement M eridian Homecourt Bay 6 � Tenant Improvement Project Tonight's Objective: Approval of the proposed tenant improvement at the Meridian Homecourt. Purpose of the Tenant Improvement: • To provide a quality, accessible, and welcoming space for the community. • To bring the Bay 6 up to the "Meridian Way" standards. • To make spaces usable for Community Education Classes offered by the Parks Et Recreation Department BAY 6 - Resurge Church Space • Church Agreement expires February 291", 2024 • Approximately 7200 sq. ft. • Church has occupied the space since June of 2008 (15+ years) • Tentative Date for Parks Et Recreation use is June of 2024. y 2 - Space consists of: 4 2 ➢ Four Small Classrooms - CnngregatbnSpai}L,g-Cl3ssroam ➢ Four Small Offices ➢ One Large Congregation Space ➢ Lobby Area v} ➢ Kitchen Area 4 4 � ➢ Restrooms 4 Y ➢ Cold Storage Labby Area PrByerRoom Cold Storage Spam ................................................................................................................................................................................................................................................................................... Tenant Improvement Detailed Costs ❑ Replace Carpet in Congregation Room, two Classrooms, Lobby, and Hallways $75,922 ❑ Paint and wall repairs in Congregation Room, Lobby, Hallways, and two Classrooms - 8,463 ❑ Phones, Cameras, WIFI, and other IT needs $12,044 ❑ FFE's (AED, Tables, Chairs, benches, etc. ) $10,375 ❑ Building Signage $12, 103 ❑ Door Re-Key with Keypad $1 ,650 ❑ Miscellaneous Repairs $1 , 500 Total Tenant Improvement Costs for Bay 6: $ 142,057 Additional Improvement: Homecourt Wifi Upgrade $10,378 (This will solve issues with credit card processing, scheduling software, and give the public better connectivity during heavy use times. ) Total Improvement Cost: $ 152,435 Why Replace the Carpet? 1 . Carpet is 15+ years old and is in need of repairs. 2. We need multipurpose flooring in the large classroom to allow for Dance, Martial Arts, Exercise, and any other movement type class. 3. Laminate in the two classrooms allows for art classes and easy clean up after spills. --Iri J 1 6 � r .i _ Exterior Building Signage Current After HONECOURT - !�) I" ' Questions ? MERIDIAN H11MECOURT FAMILY RECREATION CENTER C� E IDIAN Planning and Zoning Department Presentation and Outline City Council Meeting December 12, 2023 Item #19: Crowley Park Subdivision AERIAL MAPZONING MAPFUTURE LAND USE MAP 0053-2023-HAnnexation and Preliminary Plat– Annexation ExhibitPreliminary Plat Landscape Plan Existing House Conceptual Building Elevations Item #19: Crowley Park Subdivision (H-2023-0053) Application(s):  Annexation  Preliminary Plat Size of property, existing zoning, and location: This site consists of 1.002 acres of land, zoned R1 in Ada County, located at 4135 W. Cherry Lane. History: None Comprehensive Plan FLUM Designation: Medium Density Residential (MDR) Summary of Request: Annexation of 1.002 acres of land with an R-8 zoning district, Preliminary Plat consisting of 4 residential building lots (including one existing home to remain) and one (1) common lot for Crowley Park Subdivision. The subject is an enclave surrounded by existing single-family residential homes. The subject site abuts an R-8 development to the west and south, to the east is an R-4 development, and to the north are two R-4 developments. 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 4-lot subdivision for single-family residential detached homes and one existing single-family detached home at a gross density of 3.99 units per acre, which is within the desired density range of the MDR designation. A legal description and exhibit map for the annexation area is included. 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. The proposed use and density of the development are consistent with the MDR FLUM designation. Proposed lots range in size from 5,148 to 9,524 square feet (s.f.) (or 0.12 to 0.22 acres). The subdivision is proposed to develop in one phase as shown. Dimensional Standards (UDC 11-2): The proposed plat appears to comply with the dimensional standards of the R-8 zoning district. Per UDC 11-2A-3B.3, lots taking access from a common drive do not require street frontage. Access: Access is proposed from W. Cherry Lane from a common driveway on Lot 1, Block 1. Direct lot access from W. Cherry Lane for Lot 2, Block 1 is prohibited. The interior Lots 3, 4, 5, Block 1 are proposed to take access via a common drive to W. Cherry Lane, meeting the street access requirements of UDC 11-3A-3A. Common Driveways (UDC 11-6C-3D): Common driveways shall serve a maximum of four (4) dwelling units. In no case shall more than three (3) dwelling units be located on one (1) side of the driveway. The Applicant is proposing four (4) dwelling units take access off the main common driveway, all four (4) dwelling units are also located on one (1) side of the driveway. However, three (3) dwelling units are taking access via a side common drive that connects to the main common drive. The Director has determined that the proposed orientation of the dwelling units off the side common drive meets the intent of the UDC code. 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 Applicant has provided an additional three (3) parking stalls at the end of the common drive on the southeast side of the site for overflow parking. The existing home does not meet the required number of off-street parking spaces per UDC Table 11-3C-6 for a three (3) bedroom home; four (4) parking spaces are required, at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. The existing home does not have an enclosed two-car garage; however, the required number of parking spaces is provided via an existing carport and driveway. The Applicant is proposing to enclose the carport on the north and west side with siding material to match the existing house. The carport shares a roofline with the existing home and is currently accessed from the west; access to the carport will change to the south upon approval and completion of the subdivision site improvements once the entry point to the carport is shifted to the south and the common drive is constructed. The Applicant is also proposing to add a fence to provide additional screening of the carport from W. Cherry Lane. The existing home is recognized as non-conforming due to the off-street parking requirements in UDC 11-3C-6. Per UDC 11-1B-4, no existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved, or structurally altered except through the approval of a conditional use permit. As a result of the non- conformity, the Applicant is required to apply for a Conditional Use Permit for any future expansions on the property. Landscaping (UDC 11-3B): A twenty-five foot landscape buffer is required along W. Cherry Lane in accord with UDC 11-3B-7. The landscape plan submitted depicts a 20-foot landscape buffer along W. Cherry Lane that includes four (4) existing trees. The Applicant has proposed a water-conserving design aimed to reduce the required landscape buffer to 20-feet in width. However, the proposed design lacks features like boulders, rocks, and/or permeable hardscape materials such as pavers and flagstones, and water conserving grasses. The design should incorporate plants and trees that thrive in climates with approximately ten (1) to twelve (12) inches of annual rainfall. Staff recommends that the Applicant revise the landscape plan to comply with the requirements for a water-conserving design in accordance with UDC 11-3B-5.2.O). Sidewalks (11-3A-17): Cherry Lane is improved with an existing 7-foot wide attached concrete sidewalk abutting the site in accord with UDC standards. Staff is not recommending that this sidewalk be replaced with and 7-foot detached sidewalk. 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 2, Block 1 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, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is proposing fencing in front of the carport for screening provided there is not a conflict with the proposed layout of the fire hydrant service line. 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 as set forth in UDC 11-3A-15. Given that the property possesses irrigation rights and access, surface water rights should be used as the primary source over the groundwater well in accordance with the regulations of Settlers Irrigation District. Building Elevations: Three (3) conceptual building elevations were submitted that demonstrate what future homes in this development will look like. Variations of one-story homes with a three-car garage are proposed. The submitted elevations depict a number of different architectural and design styles with field materials of lap siding, differing color accents, roof profiles, and stone. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Penelope Constantikes, Riley Planning Services, LLC; Luke Gilbert, property owner ii. In opposition: None iii. Commenting: Bill Canfield, Judy Cartwright, Esther Burgoyne iv. Written testimony: None Key Issue(s): i. Concerns with the existing fencing deteriorating and falling down with development. ii. Concerns were raised about an existing tree due to its branches and roots extending both under and over the existing fence. Key Issue(s) of Discussion by Commission: i. None Commission Change(s) to Staff Recommendation: i. Nome Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0053, as presented in the staff report for the hearing date of December 12, 2023: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0053, as presented during the hearing on December 12, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0053 to the hearing date of December 12, 2023 for the following reason(s): (You should state specific reason(s) for continuance.) E IDIAN --- AGENDA ITEM ITEM TOPIC: Public Hearing for Crowley Park Subdivision (H-2023-0053) by Riley Planning Services, located at 4135 W. Cherry Ln. Application Materials: https:Hbit.ly/H-2023-0053 A. Request: Annexation of 1.002 acres of land with an R-8 zoning district.B. Request: Combined Preliminary/Final Plat consisting of 4 residential building lots and 1 common lot (including one existing home to remain). PUBLIC HEARING SIGN IN SHEET i DATE: December 12, 2023 ITEM # ON AGENDA: 19 PROJECT NAME: Crowley Park Subdivision (H-2023-0053) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 { 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT n v HEARING December 12, 2023 Legend DATE: 0 ECIProje Location TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner 208-884-5533 ��u E SUBJECT: Crowley Park Subdivision 0 e ° 1-1-2023-0053 f � � f LOCATION: 4135 W. Cherry Lane in the Northeast 1/4 of the Northwest 1/4 of Section 10, IET o Township 3N,Range 1 W(Parcel 4S1210212465) L PROJECT DESCRIPTION Annexation of 1.002 acres of land with an R-8 zoning district,Preliminary Plat consisting of 4 residential building lots(including one existing home to remain)and one (1)common lot for Crowley Park Subdivision. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.002 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(RI)in Ada County Proposed Zoning R-8(Medium Density Residential) Lots(9 and type;bldg/common) 4 buildings(including 1 existing lot)/l common Phasing plan(9 of phases) 1 Number of Residential Units(type 4 single-family attached units and 1 existing home of units) Density(gross&net) 3.99 units/acre(gross) Open Space(acres,total[%]/ 0%,not required for developments under 5 acres buffer/qualified) Page 1 Amenities None Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 8/3/2023 History(previous approvals) None B. Community Metrics Description I Details Page Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action (yes/no) • Existing 1. Right-of-Way—Cherry Lane Conditions a. Existing Conditions: Cherry Lane is improved with 5-travel lanes, on-street bike lanes, vertical curb,gutter,and 7-foot wide attached concrete sidewalk abutting the site.There is 90-feet of right-of-way for Cherry Lane(45-feet from centerline). • CIP/IFYWP C.Traffic Information Trip Generation This development is estimated to generate 29 additional vehicle trips per day(10 existing); and 2 additional vehicle trips per hour in the PM peak hour(1 existing),based on the Institute of Transportation Engineers Trip Generation Manual,11 m edition. Condition of Area Roadways:Traffic Count is based on Vehicles per hour(VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Cherry Lane 126-feet Principal Arterial 704 Better Than"E" "Acceptable level of service for a five-lane principal arterial is"E"(1,780 VPH). Average Daily Traffic Count(VDT): Average daily traffic counts are based on ACHD's most current traffic counts. • The average daily traffic count for Cherry Lane west of Ten Mile Road was 14,642 on March 20,2019. Access(Arterial/Collectors/State Cherry Lane is classified as a principal arterial roadway. Other than the Hwy/Local)(Existing and Proposed) access specifically approved with this application off of W.Cherry Lane, 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,ins,Its) Capacity of Schools #of Students Enrolled Wastewater Page 2 adjacent• Distance to Sewer Services Directly • Sewer 1 North Black Estimated• Project Sewer See application • WRRF DecliningBalance Project• Master ' Plan • /. /lic Works' Site-Specific ConditionsB. availableWater • Distance to Services Water • Pressure Zone 2 • Estimated Project application Quality• Water Project• Water Master Plan • /, /lic Works' Site-Specific ConditionsB. C. Project Maps Future II Use Map Aerial Map M J Legend 0 Legend M Project Location Project Location e i ■■■■■'�■�� �1�� Kai! ,� _ i -� r,�� `° CHER ■■1PM76�d'!�qm ■ it� ������ -_/- '.►�.,�� 1 �'` 111 ■■■ ■ ���� a •�mm-"'fir r ���� �I � ■��"� P't � �\�� � � >`�_ . / Zoning Map Planned Development Map Legend 0 Legend Project Location \ Project Location Y City Limits Planned Parcels W-CHERRY=L• W'CHERRY=L• R2 EMIF ® R1 R-L R-4 ® z III. APPLICANT INFORMATION A. Applicant: Penelope Riley,Riley Planning Services LLC—P.O.Box 405,Boise,ID 83701 B. Owner: Luke Gilbert,Gilbert RE Holdings,LLC— 1065 S. Allante Place,Boise,ID 83709 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 10/31/2023 11/21/2023 Radius notification mailed to property owners within 500 feet 10/27/2023 11/23/2023 Public hearing notice sign posted 11/6/2023 11/30/2023 on site Nextdoor posting 10/27/2023 11/21/2023 Page 4 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 1.002-acre property currently contains an existing home and is an enclave surrounded by existing single-family residential homes. The subject site abuts an R-8 development to the west and south, Cherrywood Village Subdivision;to the east is an R-4 development,Rods Parkside Creek Subdivision; and to the north are two R-4 developments,Golf View Estates Subdivision and Cherry Lane Village Subdivision. 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 4-lot subdivision for single-family residential detached homes and one existing single-family detached home at a gross density of 3.99 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 detached dwellings and one existing single-family detached dwelling 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 attached and detached dwellings are in the Medium-Density Residential development to the west and south and existing Medium Low-Density Residential developments consisting of detached dwellings are located within the surrounding area. • "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 homes with some single-family attached homes located to the west,only single-family detached homes and one existing single-family detached home are proposed within this development. The proposed development offers lot sizes ranging from 5,148 to 9,210 square feet(sf.)with the existing home on a 9,524 sf. lot. • "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 detached homes contribute to the variety of residential categories within the surrounding area as desired. • "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 Page 5 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." (2.02.011)) A 7-foot-wide existing pedestrian sidewalk connection is located along W. Cherry Lane. 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. • "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 existing home 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 1.002 acres of land with an R-8 zoning district. A legal description and exhibit map for the annexation area is included in Section VIILA. 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 3 single-family residential detached dwelling units, 1 existing single-family detached dwelling unit,and 1 common lot at a gross density of 3.99 units per acre (see Sections VIII.C,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. Page 6 There is an existing home on approximately a quarter of an acre adjacent to W. Cherry Lane. The property owner intends to annex and connect to City utilities with this development. 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 VIILA. 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 4 building lots and 1 common lot on 1.002-acre property in the proposed R-8 zoning district. Proposed lots range in size from 5,148 to 9,524 square feet(s.f.)(or 0.12 to 0.22 acres). The proposed gross density of the subdivision is 3.99 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 on the property is proposed to remain on Lot 2,Block 1. The outbuildings located on Lots 1 and 3,Block 1 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 plat appears to comply with the dimensional standards of the district, except for the front porch on the existing home which encroaches more than two feet into the required setback (see landscape buffers below for analysis). Per UDC 11-2A-3B.3,lots taking access from a common drive do not require street frontage. Access: Access is proposed from W. Cherry Lane from a common driveway on Lot 1,Block 1. Direct lot access from W. Cherry Lane for Lot 2,Block 1 is prohibited.The interior Lots 3,4, 5,Block 1 are proposed to take access via a common drive to W. Cherry Lane,meeting the street access requirements of UDC 11-3A-3A. Common Driveways(UDC 11-6C-3D): Common driveways shall serve a maximum of four(4) dwelling units. In no case shall more than three (3) dwelling units be located on one (1) side of the driveway. The Applicant is proposing four(4)dwelling units take access off the main common driveway,all four(4)dwelling units are also located on one (1) side of the driveway. However,three(3) dwelling units are taking access via a side common drive that connects to the main common drive. The Director has determined that the proposed orientation of the dwelling units off the side common drive meets the intent of the UDC code. 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 Applicant has provided an additional three (3)parking stalls at the end of the common drive on the southeast side of the site for overflow parking. The existing home does not meet the required number of off-street parking spaces per UDC Table 11-3G6 for a three (3)bedroom home; four(4)parking spaces are required,at least 2 in an enclosed garage,other spaces may be enclosed or a minimum 10-foot by 20- foot parking pad. The existing home does not have an enclosed two-car garage;however,the required number of parking spaces is provided via an existing carport and driveway. The carport shares a roofline with the existing home and is currently accessed from the west; access to the carport will change to the south upon approval and completion of the subdivision Page 7 site improvements once the entry point to the carport is shifted to the south and the common drive is constructed. The Applicant is also proposing to add a fence to provide additional screening of the carport from W. Cherry Lane. The existing home is recognized as non- conforming due to the off-street parking requirements in UDC 11-3C-6. Per UDC 11-IB-4, no existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved, or structurally altered except through the approval of a conditional use permit. As a result of the non-conformity, the Applicant is required to apply for a Conditional Use Permit for any future expansions on the property. 1 Landscaping(UDC 11-3B): A twenty-five foot landscape buffer is required along W. Cherry Lane in accord with UDC 11-3B-7. The landscape plan submitted depicts a 20-foot landscape buffer along W. Cherry Lane that includes four(4)existing trees. The Applicant has proposed a water-conserving design aimed to reduce the required landscape buffer to 20 feet in width. However, the proposed design lacks features like boulders, rocks, and/or permeable handscape materials such as pavers and flagstones, and water conserving grasses. The design should incorporate plants and trees that thrive in climates with approximately ten (1) to twelve (12)inches of annual rainfall. Staff recommends that the Applicant revise the landscape plan to comply with the requirements for a water-conserving design in accordance with UDC 11-3B-5.2.0). Sidewalks (11-3A-17): Cherry Lane is improved with an existing 7-foot wide attached concrete sidewalk abutting the site in accord with UDC standards. Staff is not recommending that this sidewalk be replaced with and 7-foot detached sidewalk. 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 1 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, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is proposing fencing in front of the carport for screening provided there is not a conflict with the proposed layout of the fire hydrant service line. A detail of the fencing should be provided with the final plat. Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the subdivision asset forth in UDC 11-3A-15. Given that the Page 8 property possesses irrigation rights and access, surface water rights should be used as the primary source over the groundwater well in accordance with the regulations of Settlers Irrigation District. Settlers Irrigation District does not permit the exclusion of water rights to the subject parcel. 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: Three(3)conceptual building elevations were submitted that demonstrate what future homes in this development will look like (see Section MILE).Variations of one-story homes with a three-car garage are proposed. The submitted elevations depict a number of different architectural and design styles with field materials of lap siding,differing color accents, roof profiles,and stone. VIL 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 November 16,2023. At the public hearing, the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. 1. Suimnary of Commission public hearing_ a. In favor: Penelope Constantikes,Riley Planning Services,LLC;Luke Gilbert,property owner b. In opposition: None C. Commenting: Bill Canfield,Judy Cartwright,Esther Burgoyne 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. Concerns with the existingfencing encing deteriorating and falling down with development. b. Concerns were raised about an existing tree due to its branches and roots extending both under and over the existingfence. ence. 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None Page 9 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map A F J A►INEXATION BOUNDARY DESCRIPTION The fallowing Describes a Parcel of Land lying in a portion of the NW 114 of Section 10, lownstlip 3 North„ Range 1 West, Boise Meridian.City of Meridian,Ada County Idaho being more particularly described as follows. COMMENCING at the Northwest Corner of said Section 10 which is being Monumented with a found ""Iron pin with"No Cap". From which, the North 114 Corner of said Section 10 which is being Monumented with a found Brass Cap bears, South 89*15'31`East,2M.04 feet; Thence along the Northerly Boundary Line of the NW 114 of said Section 10, South 89*15'31"East,2195.88 feet to the POINT OF BEGINNING: Thence continuing, South 89'16'34' East, 124.22 feet; Thence leaving said Norttherty Boundary Line,South 00°04'22' East, 386.74 feet to a found 516' Iron Pin 'PLS 4116"; Thence, North 88"23'57"West, 130.98 feel to a found 518"Iron Pin`PLS 4116"; Thence, North 00°55'39'East, 3t34,74 feet to the POINT OF BEGINNING: The above Described Parcel of Land contains 1.13 Acres(49,213 Sq. Ft.),more or less. > I�� Page 10 ANNEXATION EXHIBIT A PORTION OF THE NW 114 OF SECTION 10,TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDAHO 2023 DAM OF 8EARNG_ S99.1551'E 2645.Da, SB9'15"JI'YE 124.22' 4 � 0'Na 2195.88' - c;�r 32d,$b 1U N M Ctrrl& 'PLS 5291' 1 J a aor ear 120 � I I d'l a d - I � I y ~ ..3yqe �` I I m O _ MW2x5 *W 134.4 'PLS 4116'L LA&Z0 0 Bloek i 4116' rrywg�i`r 4{,1iNg 'S"P Chest Ed!°�ri�doa . C ILs 8251 DA ID EVANS 0 Q Q AND ASSOC IATES �wc. z ,L ".: 9179 W. BLACK EAGLE DR. Boise Idaho Phone: 208-900-9049 Page 11 B. Preliminary Plat Legal Description and Exhibit Map Q Q a DAVID EVANS ASSOC IAYES rw: ANNEXATION BOUNDARY DESCRIPTION The following Describes a Parcel of Land lying in a portion of the NW 1A of Section 10, Township 3 North„ Range 1 West., Boise Meridian,City of Meridian,Ada County Idaho being more particularly described as follows: COMMENCING at the Northwest Corner of said Section 10 which is being Monumented with a found 5/8` Iron pin with"No Cap"; From which,the North 114 Corner of said Section 10 which is being Monumented with a found grass Cap bears, South 89'1611" East,2645.04 feet: Thence along the Northerly Boundary Line of the NW 114 of said Section 10, South 89'15'31' East,2195,88 feet to the POINT OF BEGINNING: Thence continuing, South 89'15'34'East, 124.22 feet; Thence leaving said Northerly Boundary Line, South DO'04'22" East,386.74 feet to a found 518 iron Pin"PLS 4116": Thence. North 88'23 57' West, 130.98 feet to a found 518" Iron Pin"PLS 4116 Thence, North 00°55'39' East, 384.74 feet to the POINT OF BEGINNING: The above Described Parcel of Land contains 1.13 Acres(49,213 Sq, Ft.), more or less. Zf21/qq23 �+� L1 Page 12 ANNEXATION EXHIBIT A PORTION OF THE NW 114 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2023 SASS OF BEARING: SBB'•15'31'E 31345.04' 3 4 YV.Cner Lsr►e_ _ _ 589'15' 1'tc t2+i.22 4p 0'Mo — ¢ L:a ' N 114 Conw 'PLS 5291' I � ` I I (' 30' w 1 I ea a G `..F M1 Fes• C I I mCq uu' OC u A d 4� I I os S N-111W57'W 130.98• -PL5 4 •11 16` �p L 1AA 116' 0 Block 1 rrgwood Village F "% CheSubdivision p2 I Z/}2 ! °- 82'51 ����� D AV 1 D E VA hI 6 OF \0' AND AS5OOIATES me. fi,� � H ❑ ' 9179 W_ BLACK EAGLE DR. Boise Who Pnone 208-900-9D49 Page 13 C. Preliminary Plat(dated: 6/15/23) -- --• PRELIMINARY PLAT FOR CROWLEY PARK SUBDIVISION A PARCEL OF LAND LOCATED IN THE NB 114 OF THE NM 114 OF SECTION 10. F.U. PIW. &Y. CITY OF MERIDIAN, ADA COUNTY. IDAHO I Fr-- ------------y--�----- - - 2023 !!!I I ueveWeaeerreAruxc:77 - 0 Id .- BHNCHMARKsagum NAVD88 ~.PP1 Page 14 D. Landscape Plan(dated: 9/15/23) G)r. L1X Page 15 ' TER ------------- INTERNIOI', MLS 1 r _ - '�s �' - �• ,ter:z�'���. .: y vi aft Am � I •,., Z'; Tt t ,� F 4 tip'i� • L +r ' '7 9 5%id ky4 Jr 1 la R•'�'-ffi5'��.J y �' � �.. -'.�,YET S"r•,�,s1h��. �R`2''`"f a*� q�!' wk yly7 �r ,1' f ,r t �f l ..w.t�-r,1�• 7�P '.+ Pr ���^.�`�C _;f, K -T�- �''` ,w.'� �-". 'IBC -ti.�� ��_��_h+l�pV �-•."'�, Page X. 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. b. The existing home on Lot 1,Block 1 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service,as set forth in MCC 9-1-4 and 9-4-8. c. As a result of the non-conformity to the existing home due to the off-street parking requirements in UDC 11-3C-6,the Applicant/Owner is required to apply for a Conditional Use Permit for any future expansions on the property. 2. The final plat prepared by Rock Solid Civil on June 15, 2023 is approved as submitted. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Revise the landscape plan to depict a variety of lacks features like boulders,rocks,and/or permeable hardscape materials such as pavers and flagstones,and water conserving grasses to comply with the requirements for a water-conserving design in accordance with UDC 11-3B- 5.2.0. The design shall incorporate plants and trees that thrive in climates with approximately ten(1)to twelve (12)inches of annual rainfall. b. Depict a fencing detail for all new fencing proposed for the subject site. 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. 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. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-6 for single-family dwellings based on the number of bedrooms per unit,except for the existing residence on Lot 1,Block 1. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Direct lot access from W. Cherry Lane is prohibited. 10. 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. Page 21 12. 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 https://weblink.meridiancioy oEgi ebLinkIDocView.aspx?id 309527&dbid O&roo MeridianCitX C. FIRE DEPARTMENT No comments at this time. D. POLICE DEPARTMENT No comments at this time. E. PARK'S DEPARTMENT No comments at this time. F. SETTLERS IRRIGATION DISTRICT https:llweblink.meridianciV.oLgLNebLinkIDocView.aspx?id 310450&dbid O&repo MeridianCity&cr 1 https://weblink.meridianciV.oLg/2ebLinkIDocView.aspx?id 310529&dbid O&rgpo MeridianCity G. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridiancioy.orgi ebLinkIDocView.g x?id 310572&dbid O&repo MeridianCitX H. WEST ADA SCHOOL DISTRICT(WASD) No comments were received from WASD. L DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy org/WebLink/DocView.aspx?id 309946&dbid 0&rgpo MeridianCitX J. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id 309599&dbid 0&rgpo MeridianCitX K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancioy.orgi ebLinkIDocView.Wx?id 310013&dbid O&repo MeridianCitX XI. FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) 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 3.99 units per acre is consistent with Page 22 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. 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. — Page 23 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 24