HomeMy WebLinkAbout2023-12-19 Work Session
CITY COUNCIL WORK SESSION
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, December 19, 2023 at 4:30 PM
Minutes
ROLL CALL ATTENDANCE
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PRESENT
Councilman Joe Borton
Councilwoman Liz Strader
Councilman Brad Hoaglun
Councilman John Overton
Councilwoman Jessica Perreault
Mayor Robert E. Simison
ABSENT
Councilman Luke Cavener
ADOPTION OF AGENDA Adopted
CONSENT AGENDA \[Action Item\] Approved
Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton.
Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman
Overton, Councilwoman Perreault
1. Approve Minutes of the December 5, 2023 City Council Work Session
2. Approve Minutes of the December 12, 2023 City Council Regular Meeting
3. Dutch Bros at Ustick Full Release of Easement (ESMT-2023-0177)
4. Knighthill Center Water Main Easement (ESMT-2023-0114)
5. Final Order for Ringneck Place Subdivision (FP-2023-0027) by RiveRidge
Engineering Company, located at 2315 E. Ustick Rd.
6. Findings of Fact, Conclusions of Law for Crowley Park Subdivision (H-2023-0053)
by Riley Planning Services, located at 4135 W. Cherry Ln.
7. Development Agreement (Promenade Cottages Subdivision H-2022-0013)
Between the City of Meridian and Lesley's Mobile Estates, LLC for Property
Located at 403 E. Fairview Ave.
8. License Agreement Between the City of Meridian and Ada County for Meridian
Police Department Use of Work Space at the FACES Downtown Boise Location
9. Acceptance of Donations of Real Property from the Martin L. Hill Trust and DWT
Investments, LLC to expand Hillsdale Park
10. Master Services and Purchasing Agreement between Axon Enterprise, Inc. and City
of Meridian and Quote for Hardware, Software, Services, and Warranties for a Not-
To-Exceed Amount of $4,488,035.93 with $287,778.93 for Fiscal Year 2024 and
the remainder evenly paid out at $640,051.40 for five consecutive fiscal years
(FY25-FY29)
11. Fiscal Year 2024 Net-Zero Budget Amendment for Idaho Transportation
Department Traffic Enforcement Grant
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
DEPARTMENT / COMMISSION REPORTS \[Action Item\]
12. Fiscal Year 2024 Budget Amendment in the amount of $1,100,000.00 for
Aquisition and Implementation of Human Resource Management System Software
Approved
Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Perreault.
Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman
Overton, Councilwoman Perreault
13. Fiscal Year 2024 Budget Amendment in the Amount of $1,736,714.00 for Meridian
Fire Department SAFER Grant Approved
Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun.
Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman
Overton, Councilwoman Perreault
14. Ordinance No. 23-2041: An Ordinance (Promenade Cottages Subdivision H-2022-
0013) for rezone of a portion of a parcel of land located in the northeast quarter of
the northwest quarter of Section 7, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, more particularly described in
Exhibit “A,” rezoning approximately 6.61 acres of land to the R-40 (High-Density
Residential) zoning district and approximately 0.535 acres of land to the C-G
(General Retail and Service Commercial) zoning district in the Meridian City Code;
directing city staff to alter all applicable use and area maps as well as the official
zoning maps and all applicable official maps depicting the boundaries and the
zoning districts of the City of Meridian in accordance with this ordinance;
providing that copies of this ordinance shall be filed with the Ada County Assessor,
the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax
Commission, as required by law; and providing an effective date. Approved
Motion to approve made by Councilwoman Perreault, Seconded by Councilman Borton.
Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman
Overton, Councilwoman Perreault
ADJOURNMENT 5:33 P.M.
Meridian City Council Work Session December 19, 2023.
A Meeting of the Meridian City Council was called to order at 4.34 p.m. Tuesday,
December 19, 2023, by Mayor Robert Simison.
Members Present: Robert Simison, Brad Hoaglan, Joe Borton, Luke Cavener, Jessica
Perreault, Liz Strader and John Overton.
Members Absent: Luke Cavener.
Others Present: Chris Johnson, Bill Nary, Tina Lomeli, Todd Lavoie, Christena Barney,
Debbie Hoopes, Kris Blume and Dean Willis.
ROLL-CALL ATTENDANCE
_X_ Liz Strader _X_ Joe Borton
_X_ Brad Hoaglun _X_ John Overton
X Jessica Perreault Luke Cavener
X Mayor Robert E. Simison
Simison: Council, we will call the meeting to order. For the record it is December 19th,
2023, at 4.34 p.m. We will start our work session with roll call attendance.
ADOPTION OF AGENDA
Simison: Next item up is adoption of the agenda.
Hoaglun: Mr. Mayor?
Seal: Councilman Hoaglun.
Hoaglun: I move that we adopt the agenda as published.
Borton: 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. Approve Minutes of the December 5, 2023 City Council Work Session
Meridian City Council Work Session
December 19,2023
Page 2 of 22
2. Approve Minutes of the December 12, 2023 City Council Regular
Meeting
3. Dutch Bros at Ustick Full Release of Easement (ESMT-2023-0177)
4. Knighthill Center Water Main Easement (ESMT-2023-0114)
5. Final Order for Ringneck Place Subdivision (FP-2023-0027) by
RiveRidge Engineering Company, located at 2315 E. Ustick Rd.
6. Findings of Fact, Conclusions of Law for Crowley Park Subdivision
(H-2023-0053) by Riley Planning Services, located at 4135 W. Cherry
Ln.
7. Development Agreement (Promenade Cottages Subdivision H-2022-
0013) Between the City of Meridian and Lesley's Mobile Estates, LLC
for Property Located at 403 E. Fairview Ave.
8. License Agreement Between the City of Meridian and Ada County for
Meridian Police Department Use of Work Space at the FACES
Downtown Boise Location
9. Acceptance of Donations of Real Property from the Martin L.
Hill Trust and DWT Investments, LLC to expand Hillsdale Park
10. Master Services and Purchasing Agreement between Axon
Enterprise, Inc. and City of Meridian and Quote for Hardware,
Software, Services, and Warranties for a Not-To-Exceed Amount of
$4,488,035.93 with $287,778.93 for Fiscal Year 2024 and the
remainder evenly paid out at $640,051.40 for five consecutive fiscal
years (FY25-FY29)
11. Fiscal Year 2024 Net-Zero Budget Amendment for Idaho
Transportation Department Traffic Enforcement Grant
Simison: Next up is the Consent Agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I move that the Council approve the Consent Agenda and for the Mayor to
sign and Clerk to attest.
Borton: Second.
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December 19,2023
Page 3 of 22
Simison: Have a motion and a second to approve the Consent Agenda. Is there any
discussion? If not, all in favor signify by my saying aye. Opposed nay? The ayes have
it and Consent Agenda is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Simison: There are no items moved from the Consent Agenda.
Simison: So, we will -- oh.
Borton: Sorry to interrupt.
Simison: Councilman Borton.
Borton: Real quick just on Item 10 on the Consent Agenda. I know Keith Watts -- oh,
he is here. Thanks for doing that, for sending that out, a little note. I think when it's on
larger items just a little heads up, here is what happened, you always follow process
and policy, but it's a good heads up for us on the bigger ones. So, thanks for doing that.
Simison: Thank you, Councilman Borton. There were no items moved from the
Consent Agenda.
DEPARTMENT/ COMMISSION REPORTS [Action Item]
12. Fiscal Year 2024 Budget Amendment in the amount of $1,100,000.00
for Aquisition and Implementation of Human Resource Management
System Software
Simison: So, we will go on to our Department/Commissioner Reports. First item up is
Item 12, which is a fiscal year 2024 budget amendment in the amount of 1 ,100,000 for
acquisition and implementation of Human Resource Management System Software.
We will turn this over to our CFO Mr. Lavoie.
Lavoie: Thank you, Mayor, Council Members. Again, appreciate the opportunity to
present this item to you. As Robert just stated, we are presenting a budget request for
1.1 million dollars. It's one time dollars that we are looking for to move forward with
acquisition and implementation of a human resources payroll and timecard solution.
About seven days ago we presented to you a handful of documents that provided
supporting information for this request. We had the memo. We had this budget
document that is presented to you tonight. So, we had a ten year cost analysis as well
in that document -- or in that package. We also included questions and answers. Each
individual Council Member had a conversation with myself, Christena Barney, David
Tiede or Debbie Hoopes in regards to this particular topic. Those questions and
answers were a consolidation of the questions that you presented to the four of us and,
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December 19,2023
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then, the answers were provided in that consolidated document. So, again, we
provided that information for you and the last item on there -- or in that package was a
PowerPoint presentation that we presented to you in previous meetings. To explain
what we were requesting for. So, again, the summary of this request -- you know, what
are we requesting? Again, we are looking for a modern solution for the city for the next
20 years to provide payroll, timecard and human resource management. In the current
systems that we have right now range from I think 24 to 19 years. So, again, we have
been utilizing solutions for 19 plus years. We are looking for the next 20 years. Again,
the solution that we are looking for we want it to be reliable and accurate. Just like you
or all the employees, they want to make sure they have a paycheck that's reliable and
accurate on a monthly basis. We are looking for flexible and timely solutions given as
the city grows from, you know, the 300 employees that we had back in 1999 to 620 that
we have now. We have fire, we have police, we now have a golf course, we have a
potential command center. So, again, our dynamics are changing and growing. We
need to have a solution that can evolve with that. We need a solution that can be
supportive and manageable and Human Resources needs to be able to manage all the
different pieces of data moving through the system for the larger number of employees.
And, then, we want to be able to convey an effective and confident solution to our
employees and to our -- our citizens. So, again, in summary that's what we are looking
for. We are looking for a modern solution for the next 20 years for our department -- for
our departments and our employees. We stand for any questions. I have all the subject
matter experts here, again, we are looking for an approval for a budget requests of one
time dollars of 1.1 million that will acquire the solution and the funds will be split
between the Enterprise Fund and the General Fund fund balances and stand for any
questions.
Simison: Thank you, Todd. I assume you are not pointing to the firefighters with that --
looking behind you on this topic.
Lavoie: If they wish to be subject matter experts, yeah. We have other ones in the
office in --
Simison: In Human Resources. Council, any questions?
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: I would love to have HR come forward and just -- just provide your comments
on this solution. It's really your wheelhouse. We don't get to see HR enough.
Barney: Is there anything we can answer specifically? I think Todd spoke to the
dynamics of our city has changed over the last 19 years or so that we have been using
our current solutions.
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December 19,2023
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Borton: Here is -- here is -- I will answer your question with a question I think. The
reason I asked you to come up is, you know, we are not in the day to day, we are
broader picture policy decision makers and so it's tempting at times -- if we are able to
say, well, why don't we just kick the can down the road another five years? We don't
know what you are dealing with on a daily basis and the massive growth that we have
dealt with, so from -- from either of your perspectives what's the snapshot from HR that
says kicking the can down the road is a fatal mistake?
Hoopes: I'm going to defer to Christena, just because she's been involved in this for
the last three years. I'm coming on newer at six months. So, I'm going to let her
answer and, then, I will --
Borton: Okay.
Barney: So, essentially, we kind of have been kicking the can down the road as we
have been doing this RFP process for about the last five years. So, some of our
systems have not had support for the last five years and so we knew that we were going
to have to provide a different system going forward. We started this process about
three years ago looking at different vendors, what could support us into the future.
Found a solution that we liked -- and this is all in the memo, but just on the record found
a solution we liked, you know, put that money in the budget. They didn't have like a sole
source that we needed in order to contract with them. So, we did the full RFP process.
Through that we found that Workday responded and meets a large portion of our
requirements and will help us go into the future. That being said, a lot -- almost all of
our processes are manual and we approximate saving about 400 manual entry hours on
payroll and HR side of the house. It also allows us to be more flexible in place, offer
different types of benefits, offer different pay codes and those types of things that we
are just simply limited right now. I have made reference before at this meeting and
other meetings -- we have what's called the Black Box. So, we have this interface that
works between HR and our payroll and we can't make any changes to it, because if we
do it breaks, we are signing paper paychecks and so really that is the risk. If we don't
move forward with this right now is the potential that that breaks and we go to a fully
manual process for payroll.
Hoopes: That I think in a nutshell is what it comes down to. We kick the can down the
road. It may last another three years, it may break tomorrow, and the sooner we can
implement something to navigate that the better. You know, we don't want to go back to
manual checks.
Barney: Just -- just so that you are aware of this implementation process is not a -- an
easy or a fast process either. So, if, for instance, the system broke tomorrow we are 12
months out from being able to implement another system, because of all the business
processes that it touches.
Borton: Mr. Mayor?
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Simison: Councilman Borton.
Borton: One other question. Does this cost include all of the onboarding and training
necessary to not only get it installed and to us, but to train all of us and all of you to --
how to use it going forward?
Barney: It does include training all the subject -- subject matter experts, the
implementation team and, then, internally we will be working on training all of the
employees on how to utilize the self-service portal.
Borton: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I -- I won't throw this one at Debbie or Christena, but if Todd -- from IT -- I
mean Dave Tiede from IT would come up, I -- I just want to ask about the -- the
transition process taking the Legacy system and bringing something new, is this a full
merge? Is it a complete wipe the slate clean and drop something in? Give me some
comfort, having gone through some things that are not fun, how this process will move
forward.
Tiede: Fair enough, Councilman Hoaglun. So, we do plan to migrate data from our
current systems to the new system, but what we migrate and how much of it will depend
on what area of the program we are talking about. So, for HR data we will probably be
talking about active employees and information and that Legacy data will be backed up
by reporting. So, we will be able to access that data from reporting. On the payroll side
we will have to bring in more data, so that we can do parallel processing with systems
and make sure that things are matching up and aligning moving forward, so that we
have accurate paychecks and whatnot. So, that will have a little bit more information,
but we will still be able to pull from Legacy systems from reporting sources.
Hoaglun: And, Mr. Mayor, just a follow up.
Simison: Councilman Hoaglun.
Hoaglun: So, you are fairly confident this is a decent process that we can kick off and
have completed and it sounds like it is a lengthy one. What is your estimate of time
frame? I think I heard possibly a year, but --
Tiede: We estimate 12 to 18 months at this point. And, yes, we do feel very confident
in the data migration component of the overall solution.
Hoaglun: Okay. Mr. Mayor, I just want to wish him well on that project.
Simison: Thank you.
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Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Strader: Mr. Mayor?
Perreault: I have a question for Mr. Lavoie. If he would join us again. In the
presentation that you provided on the dollars and cents page, I want to see if I'm
understanding that the funding relocations are monies that will -- are currently being
used for these five or six categories, but they will then -- yes, they will, then, be
reallocated to cover the annual ongoing costs. Is that what I'm understanding?
Lavoie: Council Woman Perreault, you are referring to I think the second to the last
page of the PowerPoint presentation that we provided to you. This document goes over
the 1.1 million for on -- one time and, then, the ongoing cost. The ongoing cost -- the
Mayor worked with a few directors to figure out what budgets we had in place to make
sure that we experienced zero request -- new additional dollar request to the Council or
the citizens to cover these charges and this table here displays the information that we
were able to collect between the Mayor and the directors. These other solutions that we
found, we could omit these in the future so that we can take those existing budget
dollars, added to the approved budget that was approved in their original request, so
that the total ongoing costs are covered with a net zero cost or increase to the budget
for the fiscal '24 and in '25 we will probably have a little inflation, just like any other
software cost, but this -- for '24 Mayor and a few directors found the dollars to make this
a net zero increase for the bottom line of the budget.
Perreault: Excellent. Thank you.
Lavoie: Thank you.
Simison: Council Woman Strader.
Strader: Thank you, Mr. Mayor. I appreciate everyone's working on this. I do think
Workday is the gold standard and it's a very comprehensive solution. So, I know you
are using it for payroll and timecard and so forth. I just want to make sure and confirm
with everyone that all the departments are making -- planning to make full use of the
system, including the performance management aspects of the system and just to call
out if there is any part of the system you are not using what those are and why.
Tiede: Council Woman Strader, so we are planning on using what they call HCM, which
is their Human Capital Management side of the product. They also have a financial
suite and that is not in scope for what we are doing, as the city is not looking for a
financial solution at this time. As far as the umbrella of what's covered under their HCM
product, I believe we are intending on using every component that we intend to license,
with the exception of scheduling, which is a fairly new addition for them. We are not
planning on using scheduling at this time. However, that's not to say that timecards,
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December 19,2023
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absences, things like that won't be managed in the system. They will. Scheduling is a
different solution for needs like what Police and Fire currently have scheduling solutions
for.
Simison: Thanks. That's really helpful. And so just to confirm that performance
management specifically would run through Workday?
Hoopes: Mayor, Council Woman, this is Debbie and, yes, performance management is
something that, you know, we currently run. There is a lot of manual information that we
have to process and so this is something that whatever is available to us through
Workday is something that we would use for the good of the employees in the city.
Strader: Right. No, that's super. I just appreciate hearing that. Thanks.
Simison: Council, any additional questions?
Hoaglun: Mr. Mayor?
Simison: Okay. Councilman Hoaglun.
Hoaglun: Doesn't appear to be any additional questions. I would move that we approve
the fiscal year 2024 budget amendment in the amount of 1 ,100,000 dollars for the
acquisition, implementation of Human Resource Management System Software.
Perreault: Second.
Simison: Have a motion and a second. Is there discussion?
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: An added element -- I think Todd hinted at it. The memo certainly covers it, but
it's a lot of money. Everything's a lot of money these days in a city this size. But the
fact that it does offset what would otherwise be some recurring labor costs and manual
data entry or payroll processing, some of the expenses that would be incurred one way
or the other, certainly the one-time expense that you describe seems to be a more
appropriate solution to something that has to be solved. So, I just thought that was an
added element that made it worth supporting.
Simison: Council, any additional comments? If not, Clerk will call the roll.
Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, yea; Strader, yea;
Overton, yea.
Simison: All ayes. Motion carries and the item is agreed to.
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December 19,2023
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MOTION CARRIED: FIVE AYES. ONE ABSENT.
Simison: Good luck, team. Look forward to what happens next.
Hoopes: The real work starts now, so --
Simison: The work starts now. Don't break the system in the next year, 18 months.
Hoopes: Thank you very much.
13. Fiscal Year 2024 Budget Amendment in the Amount of $1,736,714.00
for Meridian Fire Department SAFER Grant
Simison: All right. With that we will move on to Item 13, which is the fiscal year 2024
budget amendment in the amount of 1,736,714 dollars from Meridian Fire Department
SAFER grant. Turn this over to Chief Blume.
Blume: Good evening, Mr. Mayor, Members of Council. About 109 days ago and, in
fact, exactly 109 days ago the city of Tu -- or Tucson. The City of Meridian was noticed.
Sorry. Freudian slip.
Simison: You didn't say it all.
Blume: I didn't. Yeah. I was thinking it, but, no, I'm sorry. I'm going there next week, if
that makes any difference. Anyway, we were noticed being in recipient of the SAFER --
the Staff -- Staffing for Adequate Fire and Emergency Resources grant for 24
firefighters. The dialogue that, then, took place between staff, members of Council and
city legal, was a -- a different number, actually, represented the actual need for the City
of Meridian and that number was 18 and so after a lengthy process going through an
attempt to get it amended through FEMA, they accepted our amended request of 18,
because it complied with the intent of the grant the way that it was intended to be
applied and utilized by the City of Meridian. So, this evening you see before you a
request to fund the 18 positions that are recognized by the SAFER grant this year. The
-- the amount also looks at, recognizes and accounts for the additional funding that is
not covered by the grant and so any hours of overtime, uniforms, emergency equipment
that the -- that these people will use, that is also represented in this budget amendment
request. So, with that that's what the Meridian Fire Department is requesting this
evening is your consideration of approving the funding, so that we may move forward
with our SAFER grant award.
Simison: Thank you, chief. Council, any questions?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
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December 19,2023
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Perreault: Thank you, Chief. Were you able to get anymore clarification on the timing
of when we could start requesting reimbursement?
Blume: Councilman Perreault, as far as reimbursement goes, it occurs on a -- once we
have -- which we have done, we have made notice of acceptance of the award to
FEMA. After 180 days have transpired that's when our clock starts and, then, we are
allowed to do quarterly -- or we will be doing, if moving forward this evening, we will be
doing quarterly reporting and that quarterly reporting includes expenses, what we -- how
much money the City of Meridian has expended and of that -- a significant portion of
that is reimbursed by the grant. So, it's a reimbursement quarterly.
Perreault: Mr. Mayor, follow up?
Simison: Council Woman Perreault.
Perreault: So, would that reporting be done at the end of the quarter? So, we are
looking at 180 days and, then, another 90 before that could be requested? Or
approximately?
Blume: Council Woman Perreault, that is my understanding. But, again, before I -- I
speak on behalf of finance practices, I would -- I would ask Todd if that's consistent.
Lavoie: Council Woman -- Council Woman Perreault, the timelines we have not
identified to the final date yet, but we will report 30 days -- probably 30 days after our
quarter ends. So, I don't know which quarters they refer to yet, is it January quarters or
is it fiscal quarters, but we will do it as fast as we can -- usually 30 days within the
quarter close. So, we won't wait another 90 days after -- we would have to figure out is
a quarter closed or annual -- annual fiscal year quarter. Sorry. Fiscal year quarters or
calendar year quarters. We are working with them, but we will do within 30 days of the
quarter close. Yeah.
Simison: Council, additional questions?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: If there are no additional questions I would like to make a motion.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Of course there are. Sorry. I have a few, if I can just -- yes. So, no surprise
that I have got questions. So, here is my overarching concern is from a long-term
perspective -- and I worry greatly and, quite frankly, worry for the folks that are in our fire
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December 19,2023
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department right now. So, there is -- there is policy considerations that -- that we can
argue about and have differences of opinion and there is facts and so what I have tried
to do is -- is see if I understand the facts correctly to help inform the decision. I have
shared some of these -- I put them in an e-mail to everybody, right, a couple months
ago and so there is no surprises to some of the questions. So, this very well may have
the support tonight, but I think it's important to, one, make sure if anyone in this room
disagrees with the facts as I understand them. So, one of them is -- and it's a comment
in the -- in the budget amendment form -- actually states -- it makes the -- it states this
sentence. The city will need to acquire new revenues to pay for the employees after the
SAFER grant expires. Right? No surprise there. And it's about -- I will use a round
number -- three million dollars. Is that a safe round number? It's not high. Is that
correct? Finance, correct? Chief, anything that you think is different?
Blume: No. Sorry. Again, I would defer to Finance on what was -- what -- what an
approximate value in year four is. I -- I'm not -- I'm not too sure I have that number for
you.
Borton: Okay. So, all of these facts kind of informed the decision. That's why I'm going
to go through these steps. I think it's important, whether I'm for or against it, for
everyone in our department to understand at least how I think through these things. Act
number two was we have established and adopted a written policy that -- that requires
or encourages us up here to avoid utilizing one-time proceeds to pay for recurring costs.
Seems pretty elementary, but we -- with very rare exception -- I can't think of any, but
there probably is one, small one -- we never do that and it makes sense, because it's a
short-term funding source or a long-term perpetual cost. We all balance our own
checkbooks at home and if we do it right none of us do that; right? You get a bonus.
You don't go buy a car and finance it. You can, but is it prudent? So, that's a fact. I
think; right? Nobody -- the policy exists; correct? It's where I have seen it. I don't know
what it's called. So, for what it's worth. And the third one that I wrestled with is the
budget amendment talks about you have to find new recurring revenue of three million
dollars in year four and so -- and what I had put in that communication a couple of
months ago, as I understood it, here is, you know, a dozen revenue sources, potentially,
if everything's on the table and here is why certain ones don't work or they are not
recurring or they are not available or we don't control them and none of that, as I
understood it, total three million dollars. So, did anyone -- was that correct? Does
anyone have -- did you have information, chief, that showed otherwise?
Blume: Councilman Borton, and I don't have any other information --
Borton: Not to put you on the hot seat, but --
Blume: No, I --
Borton: -- you're at podium. So, all of that leaves me with the concern that if you have
recurring revenue -- or recurring expenses in year three or year four and you don't have
recurring revenue to pay for it, it shines a light on the -- the incomplete and the more
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complete question. The incomplete question is can the city afford it? Absolutely. It can.
The city could afford five or six. I think the city could probably afford 30 or 40
firefighters. I think the complete question for me is can the city afford it in relation to the
trade-offs that have to be made? That's what makes me nervous. That's what's
puzzled me for a couple of months; right? So, what -- is their revenue? Sure. What I
put in that e-mail that gives me pause is -- we know there is not recurring revenue to
cover it. What are the available cost cutting thing -- measures that would close the
gap? Because you have to close the gap. And -- and one I worry about -- I'm not
comfortable with that the cost coverage comes at the expense of what should be
market-based wage increases for a police STEP plan or for any of our general
employees and I don't think that's the intent of the ask by any stretch. This is -- we are
all on the same team. So, that's not an available revenue source or it's a very difficult
one. Another revenue source would come in the next collective bargaining where, you
know, our fire unit says we are going to freeze or cap our wage increase to create what
would otherwise be a revenue savings to pay for this. That's a big lift and a big ask.
When I say I worry about our department, I worry about that. I don't know if everyone's
willing to make that suggestion that says if we close it and it comes -- so, you don't
have, you know, wages less than they otherwise would be, now what? If none of us are
here next year -- some or all of us may or may not be here. Some of you guys might
not be here. The problem -- and maybe this is just me -- my worry is I have always
worried up here about 20 years, ten years down the road. I'm not here. Doesn't matter.
I'm worried about making a decision that hampers the next chief, the next mayor and
next council members in 2030 or 2035. So, I asked -- I put forth all those facts of the
gap in the delta and I never got any information from anybody that said here is the
known certain recurring available revenue source to fund it, which I think I understand,
because it doesn't exist and we still -- we still can afford it; right? If you go forward with
this you can pay for it, but there is one hell of a tough decision in 2028 on how we are
going to bridge that gap and that's what makes me nervous. So, in light of all of that, at
least, hopefully, everyone here who is in the audience, I appreciate you being here. If
that informs you of my concern -- if anybody in this audience has any comments or
questions or corrections to anything I said -- I mean come on up, tell me I'm
misunderstanding something. Again, it very well may come forward, but I want you to
know my worry is about you and about the success of the department in light of what I
think might be a big problem in a few years, so -- and, again, that doesn't probably
come as any surprise, but I would love to hear from anybody who knows something that
I'm missing, because I will certainly keep an open mind. And, again, I -- yeah. Oh. And
if you are telling me -- here is the other thing and I have done some -- some digging on
the value. I don't diminish the value of the four person company and what it provides
and the different service quality that it does by any stretch and you wouldn't be here --
you wouldn't have applied for the grant if it wasn't important to you, but is it more
important than what could otherwise be, you know, more enhanced wages for the union
or for administration, which will follow. I worry about the need of additional firefighters to
cover float that aren't directly addressed in here. I worry about the added cost of it's
going to be more administration personnel as well. So, all of that just sort of
compounds and it's -- that's what's concerning. Oh. I also -- I worried about -- by
allocating all of this labor cost revenue to this solution that it appears to eliminate the
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ability to put two companies in a station. You have got all of our resources go into four
man staffing. May be perfectly justified, but the alternative option of a response time
solution where you might have done that in two or three or four or five years. It seems
as though we are -- we are waiving that path and choosing this one. I presume that's
your recommendation that this is the most -- the more important path, the better
solution. So, again, it goes back to what I think is the more complete question. Can we
afford it in light of the trade-offs necessary to do it and all of those trade-offs I worry for
our department to make sure that we are not just, you know, lighting a fuse that blows
up in four years. So, you feel free to give me your thoughts or comments on it. If you
think anything's mistaken factually please correct me.
Blume: Well, Councilman Borton, I appreciate your concern. I -- I -- you have very
measured and thought out concerns. They are certainly my concerns as well. But I can
tell you I haven't been sitting in my office twiddling my thumbs and three years is a long
runway for us to figure it out and I'm committed to the organization and the community
to find that solution to bring whatever level of enhanced service that the Meridian Fire
Department needs -- I'm committed to that and to the point that you made about multi-
company stations, the SAFER grant requires us in our grant guidance to move toward --
to pursue a four person staffing model for the duration for the performance period of the
grant. That doesn't prevent us from staffing up an engine company or a second unit of
service to allow us to evaluate during those periods. What is the return on that
investment? Are we getting -- is there -- is it better that we get four people on scene
able to go to work? I can guarantee you from somebody having a heart attack or stroke
or a house fire, the answer is unequivocally yes, but is it the best deployment model? I
don't -- I don't know that. What I know is that we need to look at multiple things over the
course of the next three years of the course and the period of the grant and we are
intently focused on doing just that.
Borton: But -- Mr. Mayor?
Simison: Councilman Borton.
Borton: You know, the challenge is you got to keep four person staffing; right? I mean
it's -- which is fine. I mean I don't have an issue with it. But those are the -- the
purposeful strings of the grant, which -- I mean I remember that language and I'm okay
with that. I guess what I'm hearing -- what gives me -- said Councilman Borton, and I
understand those trade-offs. I will stand at the front of that. If it means that we don't do
that because the grant requires four person staffing, we are going to do it. If any of the
other sacrifices that I have mentioned on the record tonight -- if you are saying any of
those are off the table, say it now, because I think the difficult situation is all of those
cost saving measures might be on the table. I -- that's why I don't like that. I don't like
the idea of saying anyone's -- you know, what should be a market wage has to be a little
less, because we overspent, whether it's Fire or IT or Parks -- anybody. That's why I
say I worry -- I worry even for, you know, even our next union contract, if things are less
than they otherwise might be in order to ensure that we have got the revenue to pay for
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it. Unintended consequences of something so big that we have never done, that's what
keeps me up at night and I might not even be here. Still freaks me out, so --
Simison: I will just give you my two cents. And I have -- you know, I have
communicated this to the department and others as well. I'm going to enter facts into
evidence that are true; right? We are not going to talk about emotion. We are not going
to talk about what we think. We are not going to -- the truth is we don't need to keep
any of these 18 positions after the three years of the grant. So, there is no guaranteed
cost for ongoing measures. We can -- we can debate about whether or not we think
that's going to happen, we are only entering what is a fact -- a factual information about
the grant. Actually, at the end of the grant we don't need to -- having these -- no one
needs to be retained. There is no ongoing costs commitment to the city for that purpose
all the other things can still be considered. I have communicated to the department, as
well as others at least my intentions as Mayor about how we try to go about balancing
the ongoing revenues to build up how many people are actually retained at that point in
time just to alleviate those concerns that you raised about pitting only one solution
versus the other. So, I think if you are asking the question -- well, if we -- what gives if
we only -- if we keep all 18? There are gives. One hundred percent. Well, what if we
only keep nine? Then what are those gives at that point in time? You know, that is the
three year conversation about what is the revenue that will be generated. But I'm just
trying to say facts in evidence. Facts in evidence to go to the point is none of the
positions need to be retained, which at least in my come -- I just want to keep it not
emotional, not what the likelihood is, how much they are going to come up here and talk
and try to convince you and how hard it's going to be, there is a path forward to a
solution. I don't know what the number is going to be in four years of that budget about
how many of the 18 will be still as part of the department's overall needs. We will figure
that out together and I'm committed to doing that for the next four years, even looking at
other arenas. There are a lot of unknowns. A ton of unknowns. I get it.
Borton: Mr. Mayor?
Simison: My two cents.
Strader: Mr. Mayor?
Simison: Councilman Borton.
Borton: Just going to close the loop on that one. I mean I thought someone would
come up and provide comment in the crowd. You are all here. Love to hear from
anybody. But to that point this is maybe my personal -- I would have -- if you said, like
you are right now, we need these people and it makes it right for Meridian, better for
everybody. I don't think I could ever let him -- I could never get rid of somebody. It
might not be a technical contract, it feels like a moral contract for me, that if we bring
folks in that you say are critical for our city, they are in and it's not changing. So, that's
probably why I don't even perceive that as a viable solution, it might be a technical
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December 19,2023
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solution, but, man, you get into family based on what you are sharing is the reason why,
I --
Simison: Just doing facts. Not what I would prefer, just the facts.
Borton: Yeah.
Simison: Council Woman Strader.
Strader: Thank you, Mr. Mayor. I view it as an historic opportunity and I do think there
is a challenge and there is no doubt that it's a stretch. I view it a little differently. I view
having a runway of, you know, a few years to build up the sources of ongoing revenue is
a very important component of this and so, you know, I consider a combination of
property tax increases even -- even if we did use a foregone and, then, I get comfort
from, you know -- and no offense, Todd, but Finance has consistently overshot the mark
on our revenue projections and I think that they are appropriately conservative, but I
view that as a good indication that we will find a way to find those sources of revenue
and, then, the chief has found I think some creative -- although, you know, as Joe points
out, uncertain potential sources of ongoing revenue to help offset and I sort of view it
more as, you know, we have a ton of people approaching retirement as well and there
will be future attrition I think in the coming years and so this to me just gives us an
amazing bandwidth to, you know, staff workers and companies, to give the chief the
flexibility to play around with staffing and figure it out and so I echo Joe's comments. I
would love to hear from people, hear that it's important to them. I think that just helps to
validate it, but I don't -- I don't view with the same heartburn the financial setup here. I
think we have the ability -- there are times when you stretch. This is an historic
opportunity and we should take it and we will find a way and I think through that
combination it is possible to pay for it, so I didn't come to the same conclusion.
Overton: Mr. Mayor?
Simison: Councilman Overton.
Overton: Chief, I'm a huge fan of grant opportunities when it can bring extra personnel
to Fire and Police. Most of my experience, of course, was with the smaller COPS
grants over the years that we got in the Police Department and even those, as I
remember councils past having to deal with the real concern of whether -- when we
entered into those and they were five officers at a time, we were going to have that
funding down the road to cover those costs, but they were small and one of the first
things I stressed about on this one -- and it wasn't just because you are firemen, it had
to do with the size of a one-time grant. It's huge. And that's what brings a lot of this
concern is it's such an enormous grant at one time, it can't be split up over time, which
would have been nice, but I'm committed to it. I know it creates concern, but I think it's
the right thing to do and I do believe that there is always times with past councils,
present councils and future councils where we have got to make decisions and hope for
that solution is going to be there in three years. We don't know what that solution is
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going to look like right now. We have talked about worst case scenario and I hope that's
not the case. But I think in three years we will have a scenario that the city can move
forward on and not sacrifice increases to the Police Department and pay increases to all
the city staff and trying to move forward with every part of our city at the same time we
increase your staffing. So, I'm supportive of this, but that's not without the same
concerns that have been expressed.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I just want to ask Councilman Borton a question and I'm hearing everything --
all those concerns -- all those concerns. I have asked and asked our team -- as you
know we had a team of about six or seven of us that met five to six times to discuss all
these pros and cons. Can we do this? Is this worth doing? What happens if we don't
do this? What does that look like? So, I'm curious, the grant was accepted by the
Mayor's office I think on October 31 st. I'm wondering if you had had a chance to chat
with any members of the team to talk about some of the solutions that we discussed or
some of their thoughts and if that had alleviated any of your questions or if -- if none of
the questions -- if you feel like none of those questions have really been answered, do
you propose or are you proposing that we delay a decision on the budget amendment,
so that you can get those answers? I'm just curious if -- if there is -- is there an answer
that can be found or -- or the question is being asked as a matter of just more of putting
them out there, so that we all are really chewing on them and -- and think about can we
afford to do this, can we not afford to do this.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Thank you. I really appreciate that. So, there is nothing that's unanswered. I
just -- everyone it seems acknowledges that there is that delta between revenue and --
and expense that will exist. It's a real thing. It's seven figures and -- and we are going
to figure it out in three, four or five years and there is a variety of tools in the toolbox to
do it. I like any of them, but there is tools. I mean it's going to be a funky discussion in
four years -- three or four years. We always find a way. I agree. I think that's glass half
full. There is always a way and -- I just don't like -- I don't want -- the reason I brought it
up is to be very transparent in my concerns, see if I'm misunderstanding any underlying
facts and to see if there is anyone who is unwilling to accept those known risks of the
solutions all hurt. They all hurt potentially and love to be wrong and maybe something
changes down the road, that's -- but -- but as far as data and underlying information I
think I have got it. Just concerned. I would, Mr. Mayor, if it's okay --
Simison: Councilman Borton.
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December 19,2023
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Borton: Derek, do you want to come forward? You are here, doggone it. I want you to
just -- that's okay. Jordan. Tyler. Any -- I mean just great. I -- Council Woman Strader
brings up a good point. That would be great. It's a big deal. This is -- we have not
done something like this of this magnitude. So, hearing your thoughts on it is important
to us.
Nelson: Well, I mean -- am I close enough? Closer still? Okay. I mean it's huge. I
don't disagree and I see what you, you know, folks, as Council, as -- as keepers of, you
know, the public trust, what the position this puts you in to make these grand decisions
like this. I respect that a hundred percent. You know, as just representing, you know,
the hundred and some odd just personnel -- line personnel out there, but -- so -- so, I
understand where you are at. This -- this is a big long-term consideration, things we
don't know. I get it, but the world that I live in -- that I have lived in for the last 16 years
for the city, for this community is one of we don't know. I don't know what that next call
is going to be. I don't know what the next, you know, worst case -- worst day of
somebody's life is going to be and how am I best to serve them? I do know this. There
are better ways to serve them and this is one of those better ways to serve this
community is through the SAFER grant action that allows us to get up to a four person
staffing model. Will this be where we end up in three years? I don't know. Is this the
best model? Right now this is the best model per NFPA. This is the best model that we
know to get the right number of people to an emergency to affect, you know,
somebody's worst day. So, from that perspective I have been part of the same working
group. We struggled. I know Todd has done some great work, you know, putting some
numbers together, helping us to try and digest them. Some are really tough to swallow
for sure. I don't -- you know, I know what a position this puts you in, but I do think this is
for the benefit of those folks out there and I do think to your point, like I could come up
here and we could make this emotional, you know, because it is. For me that's all it is.
I'm not a numbers guy. I'm more on the emotional side. And I think this is a really
important thing to do and I think it's the right decision to do and I know that the people,
you know, that I'm representing are very much in support, because they are out there
every day and seeing how important it is. Like to our police friends as well, you know, I
don't want this to come at the expense of anything else either in the city. I want this to
come at the benefit to the city and rise all boats. But, you know, I work for the Fire
Department and so I'm here representing them. But I do think it's important. Thank you
for asking me up here. I mean being in part of those -- being part of the working group,
thank you to the Mayor and the team for being part of that. We, you know, as a local
also appreciate that, because being inside that door and having those conversations is
important and I look forward to sharing our point of view. So, thank you.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Mr. Mayor. Yeah, just a couple of thoughts and maybe some -- maybe some
questions in here. But, you know, chief, when -- when you first went after this there was
-- it was -- it wasn't just a nice thing to do -- being part of discussions and whatnot, this
Meridian City Council Work Session
December 19,2023
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was something that we needed to do. I think the argument has been made. It's been
accepted. This was something for the benefit of our community, for the well-being of our
citizens and also the well-being of our firefighters, people who are responding for their
safety and well-being, this was something we needed to do and from that discussion --
and there was an opportunity to have a bigger grant, to have more firefighters and that
was really uncomfortable, not from that standpoint of, oh, is this a good thing? It's a
good thing, but it was so big -- it's like how in the world do we do this? It's like the car
that chased -- the dog that chased the car and finally caught it, now what? So, I think
with the Mayor's work and Finance and the work with the firefighters and your staff, you
know, coming to that 18 number I think put us in an area where that made it go, okay,
we think we can manage. There are areas that we can make this work. There are still -
- and Councilman Borton brings up very good questions. I mean those are questions
that, yeah, they do give us pause and go what will happen here? How are these
scenarios -- how does this work through? You know, we don't know what property tax --
the legislature will do to property tax in the future or what happens to foregone and all
these things that we don't control, but for what the opportunity presents itself with this
number of firefighters, what we need to do, it's the right thing to do and it certainly will
be I'm sure for Finance and all the Council that's up here in the next coming years,
every budget session this is going to be the what if scenario, how will we -- how will we -
- and every year it's going to be a year closer and I think that -- that will get a little less
cloudy, but it also comes to a point where Council does have to make possibly some
tough, tough decisions on, okay, if we want to keep that and how do we do it and what
does that impact and, again, to Councilman's point, you know, that's -- there is kind of a
moral issue here, too, about when we hire people and they are on and they are doing
what needs to be done, we don't want to hire people to not do what needs not to be
done. But, yeah, do we -- we will have to make that -- that decision down -- down the
road if it comes to that and, hopefully, it won't. I think that 18 number was -- was the
right number. You have committed -- we have talked about this -- to looking at
models and different things. We have got software in place to -- to measure and see
what the best way it is for things to happen. So, yes, there is always fear and
trepidation with something this large, but at the same time I'm confident that we are
taking the right step in the right way and everyone in this room and beyond is
approaching it the right way, recognizing there are factors that we really have to pay
attention to and maybe tough decisions have to be made. Hope not, but it's the right
thing to do right now and I think we can -- we can make it happen.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Of all the decisions that I have had the opportunity to be a part of, this one
caused the most stomach aches and sleepless nights and sometimes I talked with the
chief three times a day and can we afford to do it, can we not afford to do it was the
question that just really resonated and I think it depended on the day that you asked me
whether I would say yes or no, until I got clear in my head each of the elements of
affording to do it or not and one of the things that it really came down to for me is as the
Meridian City Council Work Session
December 19,2023
Page 19 of 22
-- as the fire liaison I have had the opportunity to learn from Chief Blume and the local
about fire response at every level from personnel to timing, to just everything in
between, multiple companies, all the different advantages and disadvantages of things
and the thing that really struck me the most was the conversation about our multi-story
buildings and our ability to respond to those and currently I really do feel like we have
one hand tied behind our back. We have approximately 27 buildings right now that
cause concern over our ability to respond to those from a staffing standpoint and that for
me was really the thing that had me the most concerned of all of the factors that we
discussed and, you know, we had -- I know the chief has been available to answer any
questions regarding those responses to any of the Council Members and still is, but that
ultimately was the thing for me that caused me to say we can't afford not to do it.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Chief, it sounds like you have got support. Clearly. Not complicated to read
the room here. So, can you -- can you ensure that this process going forward there is
not a standard we have that will be lowered to try and onboard so many so quick? And
one of the things that's so precious is how we cultivate, select and train and protect
those we bring on board and it may be tempting or even required to reduce standards to
do big things quick, but I'm telling you if it means we hire at a lower standard or we don't
hire, then, we don't hire and if it means this doesn't happen then it doesn't happen, but
are you comfortable given that -- call it a promise, call it whatever you want, we are not
doing that period, hard stop.
Blume: Councilman Borton, I'm glad that you brought that up. We have our ops chief
here, George Reese, who is also our division chief of training and I can guarantee you
that the Meridian Fire Department has a standard and it is unshakable. It is not
amendable. It is the standard. You either perform to that standard or you do not work
here and I can tell you on a personal note, public safety, police and fire specifically, we
are the guardians of a very sacred public trust. I take that and I know my staff takes
that very very solemnly and importantly and we are the ones as administrators for that --
the city's agency, we are the gatekeepers to that. No one is entitled to a job with the
Meridian Fire Department. They earn it. And it is a standard and we will not deviate
from that.
Borton: Okay.
Blume: That is a solemn promise.
Borton: Okay. Thank you.
Simison: Council, any additional questions, comments, or motions?
Perreault: Mr. Mayor?
Meridian City Council Work Session
December 19,2023
Page 20 of 22
Simison: Council Woman Perreault.
Perreault: If there are no additional questions, I would like to make a motion. I move
that we approve the fiscal year 2024 budget amendment in the amount of 1 ,736,714
dollars for the Meridian Fire Department SAFER grant.
Hoaglun: Mr. Mayor, second the motion.
Strader: Second.
Simison: I have a motion and a second to approve Item 13. Is there further discussion
-- or discussion? If not, Clerk will call the roll.
Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, yea; Strader, yea;
Overton, yea.
Simison: All ayes. Motion carries and the item is agreed to.
MOTION CARRIED: FIVE ALLAYES. ONE ABSENT.
Simison: Okay. Thanks, chief and team.
Blume: Thank you.
Simison: Look forward to working on the hard work now.
Blume: It is, indeed, the hard work begins.
Perreault: We are holding your feet to the fire.
14. Ordinance No. 23-2041: An Ordinance (Promenade Cottages
Subdivision H-2022-0013) for rezone of a portion of a parcel of land
located in the northeast quarter of the northwest quarter of Section
7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,
Ada County, Idaho, more particularly described in Exhibit "A,"
rezoning approximately 6.61 acres of land to the R-40 (High-Density
Residential) zoning district and approximately 0.535 acres of land to
the C-G (General Retail and Service Commercial) zoning district in
the Meridian City Code; directing city staff to alter all applicable use
and area maps as well as the official zoning maps and all applicable
official maps depicting the boundaries and the zoning districts of the
City of Meridian in accordance with this ordinance; providing that
copies of this ordinance shall be filed with the Ada County Assessor,
the Ada County Treasurer, the Ada County Recorder, and the Idaho
State Tax Commission, as required by law; and providing an effective
date.
Meridian City Council Work Session
December 19,2023
Page 21 of 22
Simison: Okay. With that we will move on to Item 14, which is Ordinance No. 23-2041.
Ask the Clerk to read this ordinance by title.
Lomeli: Thank you, Mr. Mayor. An Ordinance, Promenade Cottages, Subdivision H-
2022-0013, for rezone of a portion of a parcel of land located in the northeast quarter of
the northwest quarter of Section 7, Township 3 North, Range 1 East, Boise meridian,
City of Meridian, Ada county, Idaho, more particularly described in Exhibit "A," rezoning
approximately 6.61 acres of land to the R-40, High-Density Residential zoning district
and approximately 0.535 acres of land to the C-G, General Retail and Service
Commercial zoning district in the Meridian City Code; directing city staff to alter all
applicable use and area maps as well as the official zoning maps and all applicable
official maps depicting the boundaries and the zoning districts of the City of Meridian in
accordance with this ordinance; providing that copies of this ordinance shall be filed with
the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the
Idaho State Tax Commission, as required by law; and providing an effective date.
Simison: Thank you. Council, you have heard this ordinance read by title. Is there
anybody that would like it read in its entirety? If not, do I have a motion?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I move that we approve Ordinance No. 23-2041
Overton: Second.
Simison: Have a motion and a second to approve Item 14, Ordinance No. 23-2041. Is
there discussion? If not, Clerk will call the roll.
Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, yea; Strader, yea;
Overton, yea.
Simison: All ayes. Motion carries and the item is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Simison: Council, we have reached the end of our session.
Borton: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I move that we adjourn our work session.
Meridian City Council Work Session
December 19,2023
Page 22 of 22
Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay?
The ayes have it. We are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 5:33 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON
1-2-2024
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the December 5, 2023 City Council Work Session
Meridian City Council Work Session
December 5,2023
Page 26 of 26
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 6:07 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E.SIMISON 12-19-2023
ATTEST:
CHRIS JOHNSON - CITY CLERK 12-19-2023
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the December 12, 2023 City Council Regular Meeting
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
---
AGENDA ITEM
ITEM TOPIC: Dutch Bros at Ustick Full Release of Easement (ESMT-2023-0177)
ADA COUNTY RECORDER Trent Tripple 2023-070500
BOISE IDAHO Pgs=1 NIKOLA OLSON 12/20/2023 09:31 AM
CITY OF MERIDIAN, IDAHO NO FEE
FULL RELEASE OF EASEMENT
TYPE OF EASEMENT BEING RELEASED: Water Main Easement ESMT-2023-0177
GRANTEE: CITY OF MERIDIAN
GRANTOR: Wadsworth Meridian, LLC., INCLUDING SUCCESSORS AND ASSIGNS
WHEREAS, by easement dated November 14 , 2023 and recorded as Instrument
Number 2023-064332 in the records of Ada County, State of Idaho, an easement of the
type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho
Municipal Corporation, over and across the real property legally described therein.
WHEREAS, the continuance of this easement is no longer necessary or desirable.
NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby
vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and
described, with the intent that the same shall forthwith cease and be extinguished.
IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by
its proper officers thereunto duly authorized this 19th day of December ,20 23
Robert E. Simison, ayo -2023
AaH
Attest by Chris hnson,i .t xr s�s,`�rk 12-19-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 12-19-2023 (date) by Robert E. Simison and
Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,
respectively.
C HARLE N E WAY
COMMISSION No. 67390 Notary Signature
NOTARY PUBLIC
My Commission Expire" 3-28-2028
STATE OF IDAHO
Version 01/01/2020
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Knighthill Center Water Main Easement (ESMT-2023-0114)
Project Name(Subdivision):
"44410 heL ADA COUNTY RECORDER Trent Tripple 2023-070531
BOISE IDAHO Pgs=6 NIKOLA OLSON 12/20/2023 09:52 AM
Water Main Easement Number: CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information).
ESMT-2023-0114
WATER MAIN EASEMENT
THIS Easement Agreement, made this 19th day of December 20 23 between 14 JJ(d"LL i "C
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee");
WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW,THEREFORE,in consideration of the benefits to be received by the Grantor,and other
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for an easement for the operation and maintenance of water
mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of water mains
and their allied facilities, together with their maintenance, repair and replacement at the
convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
carports, sheds, fences, trees, or deep-rooted shrubs.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
Water Main Easement Page 1 Version 04/17/2023
public street, then, to such extent, such right-of-way and easement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns, heirs, personal representatives,purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed
their signatures the day and year first herein above written.
GRANTOR: K N 14�TI�tL(_
Lle-
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on $ l 23_(date)by JA&AGS R, \nr YLIE_
(name of individual), [complete the following if signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of Kr�I��C►-�tc.t_ L_L-
(name of entity on behalf of whom record was executed), in the following representative
capacity: _"M.r.d 0,Cg6X (type of authority such as officer or trustee)
(stamp)
iu!!urjjj�T A. p� , Notary Signature q
Z �ss10N�;•.� '.� My Commission Expires:,-1 I�� 20a
=�
PUB! i0
'IC,'It
Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 12-19-2023
Attest by Chris Johnson, City Clerk 12-19-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 12-19-2023 _(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
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
Ma5c:)n Professional Engineers, Land Surveyors and Planners
924 3'St. So, Nampa, ID 83651
A s S a C!"S inC— Ph (208)454-0256 Fax (208) 467-4130
e-mail:dholzhev(e—vniasonandassociates.us
FOR: JRW Construction
JOB NO.: JN0721
DATE: August 3, 2023
"EXHIBIT A"
WATER EASEMENT
An easement of land being a portion of Lot 7 Block I of Knighthill Center Subdivision No.2 in the
NEIA NEI/4 of Section 26,Township 4 North,Range 1 West, Boise Meridian, Ada County Idaho,
more particularly described as follows:
Commencing at the northeast corner of the NE1/4 NE1/4;
Thence N 89' 38' 45" W a distance of 731.50 feet along the north boundary of the NEI/4 NEI/4 to a
point;
Thence S 00'21' 15" W a distance of 70.00 feet to the northwest corner of Knighthill Center
Subdivision;
Thence S 00' 21' 15" W a distance of 586.89 feet to the southwest corner of Knighthill Center
Subdivision;
Thence S 89'04' 48" E a distance of 380.31 feet to the southeast corner of Lot 7 Block 1 of Knighthill
Center Subdivision No. 2;
Thence N 00'00'00" E a distance of 63,21 feet along the east boundary of Lot 7;
Thence N 90' 00' 00" W a distance of 17.00 feet to the POINT OF BEGINNING of said easement;
Thence N 90'00'00" W a distance of 20.44 feet;
Thence N 00' 00'00" E a distance of 20.00 feet;
Mason &
A55aciate5 I j
Professional Engineers, Land Surveyors and Planners
Page i or 1
Thence N 90' 00' 00" E a distance of 20.44 feet;
Thence S 00'00' 00" E a distance of 20.00 feet to the POINT OF BEGINNING of said easement.
� 1
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Page 2 of 2
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WATER EASEMENT' EE>c"lB17r
A PART OF LOT 7 BLOCK 1 OF KNIGHTHILL CENTER SUB0114SION NO.
2 RECORDED IN BOOK III AT PAGES 16115-16117 IN THE ADA
COUNTY RECORDER'S OFFICE SITUATED IN THE NE 114 NE 114,
SECTION 26, T. 4 N., R. 1 W., B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2023
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E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Final Order for Ringneck Place Subdivision (FP-2023-0027) by RiveRidge
Engineering Company, located at 2315 E. Ustick Rd.
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: DECEMBER 12, 2023
ORDER APPROVAL DATE: DECEMBER 19, 2023
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 9 BUILDING ) CASE NO. FP-2023-0027
LOTS AND 2 COMMON LOTS ON )
1.538 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL
ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT
RINGNECK PLACE SUBDIVISION. )
BY: RIVERIDGE ENGINEERING )
COMPANY )
APPLICANT )
This matter coming before the City Council on December 12, 2023 for final plat approval
pursuant to Unified Development Code (UDC) I 1-613-3 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 RINGNECK PLACE SUBDIVISION,
LOCATED IN THE NORTHWEST 1/4 OF SECTION 5[#X], TOWNSHIP 3N,
RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2023,
HANDWRITTEN DATE: 10/11/2023, by Cody M. McCammon, PLS, SHEET 1
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(RINGNECK PLACE SUBDIVISION—FILE#FP-2023-0027)
Page I of 3
OF 3," is conditionally approved subject to those conditions of Staff as set forth in
the staff report to the Mayor and City Council from the Planning and
Development Services divisions of the Community Development Department
dated December 12, 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(RINGNECK PLACE SUBDIVISION—FILE#FP-2023-0027)
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 19th day of
December , 2023.
By:
Robert E. Simison 12-19-2023
Mayor, City of Meridian
Attest:
Chris Johnson 12-19-2023
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 12-19-2023
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(RINGNECK PLACE SUBDIVISION—FILE#FP-2023-0027)
Page 3 of 3
EXHIBIT A
STAFF REPORT E T
COMMUNITY DEVELOPMENT DEPARTMENT H 0
HEARING December 12,2023 Legend
DATE:
;Project Location
TO: Mayor&City Council -- M"R s
FROM: Stacy Hersh,Associate Planner
208-884-5533
------- -------------
E-UST `RD-
SUBJECT: FP-2023-0027
Ringneck Place Subdivision-FP LLMHOE K ® � 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.
4 ,
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 11-613-
3 C.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.
Page 1
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)
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Page 3
B. Final Plat(dated: 10/11/2023)
Plat Showing
�- Ringneck Place Subdit ision
A Portion of Government Lot 3 of Section 5, orb
•- Township 3 North,Range 1 East,Boise Meridian, —;°; ,U.
^ '9 City of Meridian,Ada County,Idaho. -------Iw.
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Page 5
C. Landscape Plan(dated: 8/24/2023)
10
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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 meridiancity.or,-/WebLinkIDocView.aspx?id=312056&dbid=0&repo=Meridian City
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for Crowley Park Subdivision (H-2023-
0053) by Riley Planning Services, located at 4135 W. Cherry Ln.
CITY OF MERIDIAN -:FINDINGS OF FACT, CONCLUSIONS OF LAWM- 1E AND DECISION DECISION&ORDER
In the Matter of the Request for 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 1 common lot for Crowley Park Subdivision,by Riley Planning Services,LLC.
Case No(s). H-2023-0053
For the City Council Hearing Date of. December 12,2023 (Findings on December 19,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 12,2023,incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 12,2023,incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of December 12,
2023,incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 12,2023,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(LC. §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(CROWLEY PARK SUBDIVISION-FILE#H-2023-0053)
-1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 12,2023,incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of December 12,2023,attached
as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner,and conforms substantially to the approved preliminary plat,
such segments,if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted.With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CROWLEY PARK SUBDIVISION-FILE#H-2023-0053)
-2-
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 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 December 12,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CROWLEY PARK SUBDIVISION-FILE#H-2023-0053)
-3-
b 4mer
By action of the City Council at its regular meeting held on the 19th day of Dece ,
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 12-19-2023
Attest:
Chris Johnson 12-19-2023
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
12-19-2023
By: Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CROWLEY PARK SUBDIVISION-FILE#H-2023-0053)
-4-
Exhibit A
STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT n v
HEARING December 12, 2023
Legend
DATE:
ECIProje Location
TO: Mayor&City Council
FROM: Stacy Hersh,Associate Planner
208-884-5533 ��u E
SUBJECT: Crowley Park Subdivision I 0 e °
1-1-2023-0053
TF-M � f
LOCATION: 4135 W. Cherry Lane in the Northeast
1/4 of the Northwest 1/4 of Section 10,
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 Annextion
and Preliminary Plat requests.
1. SgMMM 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
C. Staff presenting application: Stacy Hersh,Associate Planner
f. Other Staff commenting on application:None
2. Ke, ids)of public testimony
a. Concerns with the existingfncing 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 existing fence
3. Key issue(s)of discussion by Commission:
a. None
4. Commission change(s)to Staff recommendation,
a. None
5. Outstanding issue(s)for Cily Council:
a. None
C. The Meridian City Council heard these items on December 12.2023.At the public hearing_ the
Council moved to approve the subject Annexation and Preliminary requests.
1. Summary of the City Council public hearing:
a. In favor: Penlelope Constantikes,Riley Planning Services,LLC: Luke Gilbert,property
owner
b. In Opposition: None
C. Commenting: None
Page 9
d. Written testimony: None
C. Staff presenting application: Stacy Hersh_Associate Planner
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. None
Page 10
VIIL EXHIBITS
A. Annexation Legal Description and Exhibit Map
ANNEXATION
BOUNDARY DESCRIPTION'
The fallowing Describes a Parcel of Land lying in a portion of the NW 114 of Section 10,
township 3 North„ Range 1 West., Boise Meridian.City of Meridian,Ada County
Idaho being more particularly describad 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 feet 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 I A 3 Acres(49,213 Sq. Ft.),mom or
less.
Vzrtza'
8251 g
Page 11
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
BASIS OF BEARNG_
589'16'11T 2645.o4'
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Phone: 208-900-9049
Page 12
B. Preliminary Plat Legal Description and Exhibit Map
Q Q
a
DAVID EVANS
ASSOC IATES 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"; Front which,the North 114 Corner of
said Section 10 which is being Monumented with a found Brass Cap bears,
South 89'1611" East,2645.04 feet; Thence along the Northerly Boundary Line
of the NW 114 of said Section 10, South 89'1531" 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.
11 Z1/23
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Page 13
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
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Page 14
C. Preliminary Plat(dated: 6/15/23)
'— -- -- PRELIMINARY PLAT FOR
CROWLEY PARK SUBDIVISION 1
A PARCEL OF LAND LOCATED IN THE NB 114 OF
�;.. THE NII 114 OF SECTION fO. T.3N. RAI. B.M.
CITY OF MERIDIAN, ADA COUNTY. IDAHO a
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Page 15
D. Landscape Plan(dated: 9/15/23)
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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 22
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:llweblink.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 oEgi ebLinkIDocView.aspx?id 310013&dbid O&rgpo 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 23
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 24
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 25
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Development Agreement (Promenade Cottages Subdivision H-2022-0013)
Between the City of Meridian and Lesley's Mobile Estates, LLC for Property Located at 403 E.
Fairview Ave.
ADA COUNTY RECORDER Trent Tripple 2023-070499
BOISE IDAHO Pgs=74 NIKOLA OLSON 12/20/2023 09:30 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Lesley's Mobile Estates, LLC, OWNER/DEVELOPER
19th THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
day of December ,2023,by and between City of Meridian, a municipal corporation
of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642, and Lesley's Mobile Estates,LLC,whose address is 313 N. Main Street,Hailey,Idaho
83333, hereinafter called OWNER/DEVELOPER.
I. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-651 lA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer submitted an application for a rezone of
approximately 6.82 and 0.33 acres of land from the R-8 (Medium-Density
Residential)and C-G(General Retail and Service Commercial)zoning districts
to the R-40 (High-Density Residential) (6.61 acres) and C-G (General Retail
and Service Commercial)(0.54 acres)zoning districts on the property as shown
in Exhibit "A" under the Unified Development Code, which generally
describes how the Property will be developed and what improvements will be
made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council as to
how the Property will be developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested annexation and
zoning held before Planning and Zoning Commission and the City Council
includes responses of government subdivisions providing services within the
City of Meridian planning jurisdiction and includes further testimony and
comment; and
DEVELOPMENT AGREEMENT—PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 1 OF 8
1.7 WHEREAS, on the 27th day of June, 2023, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit"B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Lesley's Mobile Estates,
LLC, whose address is 313 N. Main Street, Hailey, Idaho 83333, hereinafter
called OWNER/DEVELOPER, the party that owns and is developing said
Property and shall include any subsequent owner(s)/developer(s) of the
Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel
to bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
DEVELOPMENT AGREEMENT-PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 2 OF 8
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the site plan,
landscape plan, phasing plan and building elevations included in Section VIII of
the Staff Report attached to the Findings of Fact and Conclusions of Law
attached hereto as Exhibit`B" and the provisions contained herein.
b. The final plat application for the second phase of development shall not be
submitted to the Planning Division for a minimum period of four (4) years from
the date of approval of the preliminary plat to allow residents of the mobile home
park ample time to find other housing prior to redevelopment of the site. The
Applicant shall submit proof of notice via registered mail to all residents of the
mobile home park of the upcoming change in use of the property with submittal
of the final plat application. The letter shall include contact information (i.e.
internet links, phone numbers, etc.) for local affordable housing resource options
for residents. No building permit applications shall be submitted for at least one
(1) year from the date of submittal of the final plat application.
c. All access via E. Fairview Ave. for the subject property shall cease upon
redevelopment of the commercial portion of the property and sole access shall be
taken via NE 3rd St., the lesser classification of the two streets, in accord with
UDC 11-3A-3 and ACHD Policy.
d. With the first phase of development, the Developer shall construct NE 3rd St.
between E. Badley Ave. and E. Gruber Ave. as a complete street section(from
west to east abutting the site), as follows: 4-foot wide buffer, 10-foot wide
sidewalk/pathway, 8-foot wide parkway, 2-foot wide curb and gutter, two (2) 13-
foot wide travel lanes, 2-foot wide curb and gutter, and an 8-foot wide parkway
within the existing 60 feet of right-of-way. Provide a permanent right-of-way
easement extending from the right-of-way line to 2 feet behind back of sidewalk
abutting the site on the east side of NE 3rd St. for a 5-foot wide detached
sidewalk.
e. With the second phase of development, the Developer shall construct an 8-foot-
wide planter strip and 5-foot-wide detached sidewalk abutting the site on the east
side of NE 3rd St. A permanent right-of-way easement shall be provided to 2 feet
behind back of sidewalk if located outside of the right-of-way; sidewalk shall be
located wholly within right-of-way or wholly within an easement.
DEVELOPMENT AGREEMENT-PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 3 OF 8
f. The existing nonconforming parking and landscaping in the commercial portion
of the development and the mobile home park in the R-40 zoning district, is
allowed to remain until redevelopment of the site in accord with the phasing plan
as approved with the conditional use permit for extension of these
nonconforming uses.
g. Depict pedestrian connections between the single-family, multi-family and
commercial portions of the development. All pathways should comply with the
standards in UDC 11-3A-8.
h. The mobile homes and associated debris that are vacant at the beginning of Phase
2 shall be removed within 45 calendar days; if there are more than five (5)vacant
mobile homes, that time period is extended to 90 calendar days.
i. In two (2) years when the Applicant's loan on the property switches to a fixed-
rate, the Applicant shall take inventory of the homes that exist at that time and
offer to move (at the Applicant's cost) any of the RV's or mobile homes that are
newer than 1976 to a mobile home or RV park that the Applicant is building in
Ontario, OR or to any park the Applicant owns in Eagle, Twin Falls, or
Kimberly, ID contingent upon spaces being available in those parks at that time,
as offered by the Applicant in the letter included in Section VIILG of the staff
report.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors,
assigns, or subsequent owners of the Property or any other person acquiring an
interest in the Property, fail to faithfully comply with all of the terms and conditions
included in this Agreement in connection with the Property, this Agreement may be
terminated by the City upon compliance with the requirements of the Zoning
Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty (30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and cure
the default,which action must be prosecuted with diligence and completed within one
hundred eighty (180) days; provided, however, that in the case of any such default
that cannot with diligence be cured within such one hundred eighty(180)day period,
then the time allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not
a duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement. Because the covenants,
DEVELOPMENT AGREEMENT-PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 4 OF 8
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion
or the entirety of said development of the Property as required by this Agreement or by City ordinance
or policy, notify the City Engineer and request the City Engineer's inspections and written approval
of such completed improvements or portion thereof in accordance with the terms and conditions of
this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by
the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance
in connection with the annexation and zoning of the Property contemplated hereby, the City shall
execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact
a valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
DEVELOPMENT AGREEMENT-PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 5 OF 8
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Lesley's Mobile Estates, LLC
313 N. Main Street
Hailey, Idaho 83333
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval,or taking any other action under this Agreement.
DEVELOPMENT AGREEMENT-PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 6 OF 8
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of
the Property,which has not been removed from this Agreement as described above, shall continue to
be bound by the terms of this Agreement.
22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
22.1 No condition governing the uses and/or conditions governing rezoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 7 OF 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Lesley's Mobile Estates,LLC
Its: JD
STATE OF
ss:
County of__�{/� --
On this-lay of r r,2023,before me,the undersigned,a Notary Public in and fors id State,
personally appeared Maf known or identified to me to be the _ of
Lesley's Mobile Estates,LLC and the person who signed above and acknowledged to me that he 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.
BRIGITTE C'JE6;EKAS QUISPE Not Public7n ( f,
COMMISSION#20224112 My Commission Expires: !ir✓ ( A
NOTARY PUBLIC
STATE OF IDAi-iO
MY COMMISSION EXPIRES 09/26/2028
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 12-19-2023 Chris Johnson, City Clerk 12-19-2023
STATE OF IDAHO )
ss
County of Ada )
On this 19th 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 Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT—PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 8 Or 8
EXHIBIT A
Description for
Promenade Cottages
October 6, 2023
A parcel of land located in the Northeast 1/4 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E.,
B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1W.,
B.M., and said Sections 6 and 7 bears South 88035'29" West, 2,404.77 feet; thence on
the north boundary line of said Section 7, South 88035'29" West, 630.19 feet; thence
leaving said north boundary line, South 00035'12"West, 48.56 feet to the POINT OF
BEGINNING;
thence continuing South 00035" 2" West, 912.02 feet to the north right-of-way
line of E. Bradley Avenue;
thence on said north right-of-way line, North 89030'43" West, 363.81 feet to the
east right-of-way line of NE 3rd Street;
thence on said east right-of-way line, North 00028" 7" East, 908.77 feet to the
south right-of-way line of E. Fairview Avenue;
thence on said south right-of-way line the following three (3) courses and
distances:
North 89011'04" East, 351.13 feet;
South 00000'05" East, 4.86 feet;
North 89059'55" East, 14.57 feet to the POINT OF BEGINNING.
Containing 7.642 acres, more or less.
End of Description.
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L1 S00'35'12"W 48.56'
L2 S00'00'05"E 4.86'
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E. Badley Ave. N89'30'43"W 363.81'
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IDAHO Exhibit for 211b 211
SURVEY 9955 ,IDAHO8374T. Promenade Cottages Sheet No.
BO8) 4-8570 704 1
(208)846-8570
GROUP, LLC Located in the NE1/4 of the NW1/4 of Section 7, Dwg. Date
013N., RAE., B.M., City of Meridian, Ada County, Idaho. 10/6/2023
Description for
R-40 Zone
September 2, 2022
A parcel of land located in the Northeast 114 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian,Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E.,
B.M.,from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29"West,2.404.77 feet;thence on
the centerline of E. Fairview Avenue, South 89°11'04"West,629.99 feet; thence
leaving said centerline. South 00°35'12"West,310.09 feet to the REAL POINT OF
BEGINNING;
thence continuing South 00"35'12'West, 686.83 feet to the centerline of E.
Badley Avenue;
thence on said centerline, North 89"30'43"West, 393.75 feet to the intersection
of E. Badley Avenue and NE 3rd Street;
thence on the centerline of NE 3rd Street, North 00'28'17" East,730.12 feet;
thence leaving said centerline, South 89°28'01" East, 90.00 feet to the exterior
line of the City of Meridian C-G Zone;
thence on said exterior boundary line the following two(2)courses and
distances:
South 00'28'17"West, 50.16 feet;
North 89°11'04" East,305.21 feet to the REAL POINT OF BEGINNING.
Containing 6.284 acres, more or less.
End of Description.
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PL LAHD
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Job No.
IDAHO Exhibit for 21-211
SURVEY gas OMA.K) 083R82 R-40 Zone
eoisEo�2w Sheet No.
(2081 e4sas20
GROUP, LLC Located In the NE1/4 of the NW1/4 of Section 7, Dwg. Date
T.W. RAE., B.M., City of Merldlon, Ada County, doho. 9/2/2022
Description for
R-40 Zone
September 2, 2022
A parcel of land located in the Northeast 1/4 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian,Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1E.,
B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29"West,2.404.77 feet; thence on
the centerline of E. Fairview Avenue, South 89'11'04' West, 629.99 feet; thence
leaving said centerline, South 00'35'12" West, 267.11 feet to the REAL POINT OF
BEGINNING;
thence continuing South 00`35'12"West, 42.98 feet to the exterior boundary
line of the City of Meridian C-G Zone;
thence on said exterior boundary line the following two (2) courses and
distances:
South 89'11'04"West, 305.21 feet;
North 00'28'17" East, 50.16 feet,
thence leaving said exterior boundary line, South 89'28'01" East, 305.22 feet to
the REAL POINT OF BEGINNING.
Containing 0.326 acres. more or less.
End of Description.
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IDAHO Exhibit for 21b 211
SURVEY m5sw e►u wuas R-40 Zone Sheet No.
BOISE,CAW e]]M
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GROUP, LLC Located in the NE1/4 of the NW1/4 of Section 7, Dwg. Date
T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho. 9/2/2022
Description for
C-G Zone
September 2, 2022
A parcel of land located in the Northeast 114 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E.,
B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29" West, 2,404.77 feet; thence on
the centerline of E. Fairview Avenue, South 89`11'04" West, 935.83 feet to the exterior
boundary line of the City of Meridian C-G Zone and the REAL POINT OF BEGINNING;
thence on said exterior boundary line, South 00"28`17" West, 259.92 feet:
thence leaving said exterior boundary line, North 89"28'01" West, 90.00 feet to
the centerline of NE 3rd Street;
thence on said centerline, North 00°28'17" East, 257.80 feet to centerline of E.
Fairview Avenue;
thence on said centerline, North 89011'04" East, 90.02 feet to the REAL POINT
OF BEGINNING.
Containing 0.535 acres, more or less.
End of Description.
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IDAHO Exhibit for 21°211
SURVEY B955W eMtwuaar C—G Zone sheet Na.
eoisE,ioaro avw
GROUP, LLC Located in the NE1/4 a' the NW1/4 of section 7, Dwg. Date
T.3N., RAE., S.W. City of Meridian, Ado County, Idaho- 9/2/2022
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW (:>VEI�ty
AND DECISION& ORDER
In the Matter of the Request for Rezone of 6.82 and 0.33 Acres of Land from the R-8 and C-G
Zoning Districts to the R-40 (6.61 Acres) and C-G (0.54 Acre) Zoning Districts; Preliminary Plat
Consisting of 45 Building Lots [30 Single-family Residential Building Lots, Five (5) Multi-family
Building Lots, Two (2) Commercial Building Lots] and Eight(8) Common Lots on 7.64 Acres of
Land in the R-40 and C-G Zoning Districts; Conditional Use Permit(CUP)to Construct a 90-unit
Multi-family Development on Approximately 2.8 Acres of Land in the Requested R-40 Zone; CUP
to Construct Single-family Detached Dwellings on 10 of the 30 Single-family Residential Lots in the
Requested R-40 Zone; CUP to Allow the existing nonconforming parking, landscaping, and mobile
home park to remain as-is for an extended period of time in the C-G and requested R-40 zoning
districts; Private Streets for Internal Access to the Proposed Single-family and Multi-family Units;
and,Alternative Compliance to the Off-street Parking Standards for Single-family Dwellings Listed
in UDC Table 11-3C-6,which Requires Parking Pads to be Located in Front of the Garage,to
Allow the Parking Pads for the 3-bedroom Units to be Located as Close as Possible to the
Corresponding Unit, by A-Team Land Consultants.
Case No(s). H-2022-0013
For the City Council Hearing Date of: May 23,and June 20, 2023 (Findings on June 27,2023)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 20, 2023, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 20, 2023,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 20, 2023,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 20, 2023, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17, 2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR PROMENADE COTTAGES H-2022-0013 - 1 -
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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 20, 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 Rezone,Preliminary Plat,(3) Conditional Use Permits,Private
Street and Alternative Compliance is hereby approved with the requirement of a Development
Agreement per the provisions in the Staff Report for the hearing date of June 20,2023, attached
as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again (UDC 11-
613-7C).
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR PROMENADE COTTAGES H-2022-0013 -2-
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two(2)year period.Additional time extensions up to two(2)years as
determined and approved by the City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651 IA. 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 parry 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 § 67-6521(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 June 20,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR PROMENADE COTTAGES H-2022-0013 -3-
By action of the City Council at its regular meeting held on the 27th day of June
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
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert mison 6-27-2023
Attest:
� SEAL
Chris Jo son 6-27-2023
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Cha&ycW(Lq Dated: 6-27-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR PROMENADE COTTAGES H-2022-0013 -4-
STAFF REPORT E IDIAN ----
COMMUNITY DEVELOPMENT DEPARTMENT 'A
HEARING 6/20/2023 legend
DATE: Continued from: 512312023
Project l oration
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: H-2022-0013 R
Promenade Cottages Subdivision
LOCATION: 403 E.Fairview Ave.,in the NW 1/4 of
Section 7,Township 3N,Range IE.
(Parcel#S 1107212707)
L PROJECT DESCRIPTION
The Applicant has submitted requests for the following:
• Rezone of 6.82 and 0.33 acres of land from the R-8 and C-G zoning districts to the R-40
(6.61 acres)and C-G(0.54 acres)zoning districts;
• Preliminary plat consisting of 45 building lots [30 single-family residential building lots, five
(5)multi-family building lots,two(2)commercial building lots] and eight(8)common lots
on 7.64 acres of land in the R-40 and C-G zoning districts;
• Conditional Use Permit(CUP)to construct a 90-unit multi-family development on
approximately 2.8 acres of land in the requested R-40 zone;
• CUP to construct single-family detached dwellings on 10 of the 30 single-family residential
lots in the requested R-40 zone;
• CUP to allow the existing nonconforming parking,landscaping,and mobile home park to
remain as-is for an extended period of time in the C-G and requested R-40 zoning districts;
• Private streets(PS)are proposed for internal access to the proposed single-family and multi-
family units; and,
• Alternative Compliance (ALT)to the off-street parking standards for single-family dwellings
listed in UDC Table 11-3C-6,which requires parking pads to be located in front of the
garage,to allow the parking pads for the 3-bedroom units to be located as close as possible to
the corresponding unit.
IL SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 7.64 acres
Future Land Use Designation Commercial 2.12+/-acres and High Density Residential(HDR)(5.52+/-acres
Existing Land Use(s) Commercial(retail/restaurant/multi-tenant),mobile home park,and
vacant/undeveloped land.
Proposed Land Use(s) Existing commercial(retail/restaurant)uses to remain,single-family residential
(SFR)attached/detached and multi-family residential(MFR)apartments
proposed.
Lots(#and type;bldg./common) 45 total lots(30 SFR building lots,5 MFR building lots,2 commercial building
lots,and 8 common lots
Phases 3
Number of Residential Units 120
Density 20.51 units/acre overall in R-40 zoned area
Open Space(acres,total See Section VI
[%]/buffer/qualified)
Amenities Swimming pool,clubhouse,dog park,community garden and a tot lot
Neighborhood meeting date December 8,2021
History(previous approvals) Ross's Elm Grove Annexation(Ord.9183);Ross's Elm Grove Annexation No.
2(Ord.#185)(1969)
B. Community Metrics
Description Details
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
• Traffic Impact Study No(not required)
es/no
Access There are currently three(3)access driveways via E.Fairview Ave.,an arterial street,
(Arterial/Collectors/State &nine(9)access driveways via NE 3'Street,a local street(planned to be a collector).
Hwy/Local)(Existing and The three(3)access driveways via Fairview are proposed to remain until
Proposed) redevelopment of the commercial area;three(3)access driveways are proposed via
NE 3rd St.
Stub Gruber Ave. stubs to NE 31 St.to the west of this property but does not exist on the
Street/Interconnectivity/Cross property to the east where multi-family apartments exist.East Badley Ave.runs along
Access the south boundary of the site.No stub streets exist to this property.
Existing Road Network NE 31 St.is a 2-lane local street along the northern portion of the west boundary of
the site that dead-ends at Gruber Ave.(it's unimproved between Gruber and Badley
abutting the site);E.Fairview Ave.is a 5-lane arterial street along the north boundary
of the site;and Badley Ave.is a 2-lane local street along the south boundary of the
site.
Condition of Area Roadways Fairview Ave.:Better than"E",which is an acceptable level of service for a 5-lane
(Level of Service) principal arterial.
Existing Arterial Sidewalks/ There is an existing detached 5-foot wide sidewalk along E.Fairview Ave.A 9+/-foot
Buffers wide landscaped street buffer exists along Fairview between the western and the
middle access driveway;the remainder of the site has no street buffer.A 4+/-foot
wide attached sidewalk exists along NE 3'St.There is not a street buffer along NE 3ra
St.No sidewalk or street buffer exists along Badley Ave.
Description Details
Proposed Road Capital Improvements Plan(CIPu Integrated Five Year Work Plan(IFYWP):
Improvements • Fairview Avenue is scheduled in the IFYWP to be vadened to 74anes from Locust Grove Road
to SH-55(Eagle Road)in 2025.
• Locust Grove Road is scheduled In the IFYWP to be widened to 5-lanes from Fairview Avenue
to Ustick Road with the design year In 2026 and the construction year in the future.
• The intersection of Fairview Avenue and Locust Grove Road is scheduled in the IFYWP to be
widened to 7-lanes on the north leg, 7-lanes on the south, 9•tanes on the east.and 9-lanes
on the west leg,plus enhanced pedestrian and bike facilities and intersection lighting In 2025.
• Fairview Avenue is listed in the CIP to be widened to 7-lanes from Mendian Road to Locust
Grove Road between 2036 and 2040
Fire Service
• Distance to Fire 1.8 miles from Fire Station 91.
Station
• Fire Response Time Within 5-minute response time goal area.
• Resource Reliability Fire Station 91 reliability is 76%(below the targeted goal of 80%)
• Accessibility Proposed project meets all required road widths,access,and turnaround dimensions.
• Risk Identification 4(current resources would not be adequate to supply service to this project)
Police Service
Distance to Police 2.1 miles
Station
Police Response Time 3:30 minutes(expected);3:45 minutes(average)
Calls for Service 7,199 within a mile of the development
%of calls for service
split by priority
Accessibility If this project includes climate-controlled hallways,PD requests further discussions
with developer on plans for emergency police access into each building entry point
using a multi-technology keypad.
Specialty/resource needs PD already serves this area
Crimes 734
Crashes 238
Other Reports
West Ada School District
Distance(elem,ms,Its) Meridian Elementary,Meridian Middle,Meridian High
Capacity of Schools These schools can adequately support the students from this development.
#of Students Enrolled
#of Students Predicted 18
from this
development
Wastewater
Distance to Sewer Connect to existing sewer main in E.Badley Ave
Services
Sewer Shed
Estimated Project Sewer Additional 1585 GPD committed to model
ERU's
WRRF Declining WRRF declining balance is 14.35 MGD
Balance
Project Consistent with Yes
WW Master
Plan/Facility Plan
Water
Distance to Water Connect to existing water mains on NE.3' St.and E.Badley Ave
Services
Pressure Zone 2
Estimated Project Water Info not supplied by PW
Description Details
ERU's
Water Quality
Project Consistent with Yes
Water Master Plan
Impacts/Concerns
C. Project Area Maps
Future Land Use Map Aerial Map
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Zoning Map Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant:
Steve Arnold,A-Team Land Consultants— 1785 Whisper Cove Avenue, Boise, ID 83709
B. Owner:
Mark Kelly,Lesley's Mobile Estates,LLC—313 N.Main Street,Hailey,ID 83333
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 11/30/23, 1/4/23 5/7/2023
Radius notification mailed to
properties within 500 feet 11/13,22, 12/30/22 5/5/2023
Site Posting 10/19/22 5/l/2023
Nextdoor posting 11/28/22, 12/20/22 5/5/2023
V. COMPREHENSIVE PLAN—STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.or /�pplan)
Land Use: The Future Land Use Map (FLUM)contained in the Comprehensive Plan designates
most of this property as High Density Residential(HDR) (5.52+/-acres)with some Commercial
(2.12+/-acres)along E.Fairview Ave.
The HDR designation allows for the development of multi-family homes in areas where high
levels of urban services are provided and where residential gross densities exceed twelve
dwelling units per acre. Development might include duplexes,apartment buildings,townhouses,
and other multi-unit structures.A desirable project would consider the placement of parking
areas, fences,berms,and other landscaping features to serve as transitions between neighboring
uses. These areas are compact within the context of larger neighborhoods and are typically
located around or near mixed use commercial or employment areas to provide convenient access
to services and jobs for residents. Developments need to incorporate high-quality architectural
design and materials and thoughtful site design to ensure quality of place; they should incorporate
connectivity with adjacent uses and area pathways,attractive landscaping,gathering spaces and
amenities,and a project identity.
The Commercial designation will provide a full range of commercial uses to serve area residents
and visitors. Desired uses may include retail,restaurants,personal and professional services,and
office uses,as well as appropriate public and quasi-public uses. Multi-family residential may be
allowed in some cases,but should be careful to promote a high quality of life through thoughtful
site design,connectivity,and amenities. Sample zoning include: C-N,C-C,and C-G.
The Applicant proposes to develop the southern HDR designated portion of the property with a
mix of single-family attached(20)and detached(10)homes and multi-family apartments(90)at
an overall gross density of 20.51 units per acres consistent with the density desired in HDR
designated areas. The gross density of the multi-family development is 28 units/acre; with 11
units/acre for the single-family development.Although single-family detached units are not
specifically listed as a desired use in the HDR designation,the UDC does allow them with a
conditional use permit in the R-40 zoning district. The southern 5.85 acres of land(6.61 acres
including adjacent right-of-way to the centerline of the road)is proposed to be rezoned to R-40
consistent with the HDR designation.
The proposed development should be compatible with the abutting multi-family development on
the property to the east.A 15-foot wide landscaped buffer is proposed along the shared property
line with the southern portion containing a pedestrian pathway. The southern and western
portions of the property abut public streets(NE 3'St. and E.Badley Ave.).
The existing retail store and restaurant/multi-tenant building/uses on the northern portion of the
property in the C-G zoning district are proposed to remain. These uses provide services to area
residents as desired in the Commercial designation.
Transportation:Northeast 3'Street exists along the west boundary of the site and is a planned
residential collector street per ACHD's Master Street Map (MSM)and north/south corridor
through the City from Franklin Rd. to Fairview Ave.Preservation and dedication of right-of-way
for the expanded street section and pathway is required with development [see Downtown
Meridian City Core Street Cross-Section Master Plan (pg. 4-9)and the Comprehensive Plan (pg.
6-3)]. See analysis below in Section VLB for more information.
Comprehensive Plan Policies(https.11www.meridiancity.orQ/compplan): The applicable
Comprehensive Plan policies are cited below with Staff's analysis in italics.
• "Avoid the concentration of any one housing type or lot size in any geographical area;
provide for diverse housing types throughout the City" (2.01.01G).
As discussed above, the subject property is proposed to develop with a mix of single family
attached and detached dwellings and multi family apartment units, which will contribute to
the diversity of housing types in this area.
• "With new subdivision plats,require the design and construction of pathways connections,
easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of
usable open space with quality amenities" (2.02.01A).
The Pathways Master Plan depicts a segment of the City's multi-use pathway system along
the west side of NE 3Yd Street adjacent to the west boundary of this site; an existing sidewalk
provides an on-street route for the pathway along the northern boundary of the site along
Fairview Ave.Internal pathways are proposed from the perimeter sidewalks along E. Badley
Ave. and E. 3Yd Street to the central common area within the residential portion of the site.
Qualified open space and site amenities will be required with development of the residential
portion of the site in accord with the standards listed in UDC 11-3G-3 and 11-4-3-27C, D.
• "Pursue the extension of Idaho Ave. and/or Broadway Ave. to Commercial Dr. and the
extension of East 3rd St. from Fairview Ave. to Pine Ave. in Downtown."(6.01.02I)
Development of this site will facilitate the extension of NE 3Yd Street from E. Badley Ave. to E.
Fairview Ave. in general accordance with the Downtown Meridian Street Cross-section
Master Plan.
• "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 currently provided to the existing uses and can be provided to
future uses within this development. Police and Fire protection is already provided to this
property and will continue to be provided.
• "Work with transportation agencies and private property owners to preserve transportation
corridors,future transit routes and infrastructure,road,and highway extensions,and to
facilitate access management."(6.01.02M)
Dedication of additional right-of-way and improvements for the expansion and extension of
the NE 3Yd Street corridor; a planned residential collector street, is required with this
development in accord with ACHD's requirements.
• "Encourage the development of high quality,dense residential and mixed-use areas near in
and around Downtown,near employment,large shopping centers,public open spaces and
parks,and along major transportation corridors,as shown on the Future Land Use Map."
(2.02.01 E)
The proposed high-density development is in close proximity to the downtown area and
shopping along the Fairview Ave. transportation corridor.
Staff finds this development to be generally consistent with the Comprehensive Plan, as noted
above.
VI. UNIFIED DEVELOPMENT CODE—STAFF ANALYSIS
Note: The Applicant submitted this application on February 18, 2022; therefore, the UDC standards
in effect at that time, dated November 30, 2021, apply to development of this site, not the current
standards.
A. Rezone(RZ):
A Rezone of 6.28 and 0.33 acres of land from the R-8 (medium-density residential)and C-G
(general retail and service commercial)zoning districts to the R-40 (high-density residential)
(6.61 acres)and C-G(0.54 acres)zoning districts is proposed for the existing commercial and
proposed residential development in accord with the associated Commercial and HDR FLUM
designations for this property. Legal descriptions and exhibit maps for the rezone areas are
included in Section VIILA of this report.
There are two(2)commercial buildings (a retail store and a multi-tenant building with a
restaurant)on the northern portion of this site along Fairview Ave. that are proposed to remain
until the third phase of development; a redevelopment plan was not submitted for this area. A
mobile home park exists to the south of the commercial area that is proposed to be removed and
redeveloped with 90 multi-family apartments with the second phase of development. The
southern portion of the site consists of vacant/undeveloped land that is proposed to develop with a
mix of single-family attached(20)and detached(10)homes with the first phase of development.
The existing retail store (Rodda Paint)and mobile home park are considered nonconforming uses
in the R-8 zoning district,as defined in UDC 11-IA-1,as such uses are prohibited in the R-8
zoning district.See conceptual development plan included in Section VIILD.
The rezone to C-G will remove the nonconforming status of the retail store as such use is a
principal permitted use in the C-G zoning district per UDC Table 11-2B-2.The mobile home park
is a prohibited use in the proposed R-40 zoning district; a conditional use permit is proposed to
extend the nonconforming use in the R-40 district until such time as the property redevelops.The
proposed multi-family development is listed as a conditional use in the R-40 zoning district per
UDC Table 11-2B-2 and is subject to the specific use standards listed in UDC 11-4-3-27. The
proposed single-family attached dwellings are listed as a principal permitted use and the single-
family detached dwellings are listed as a conditional use in the R-40 zoning district per UDC
Table 11-2A-2.
The City may require a development agreement(DA)in conjunction with a rezone pursuant to
Idaho Code section 67-6511A. To ensure future development is consistent with the
Comprehensive Plan and with the development plan proposed with this application, Staff
recommends a DA is required with this application,containing the provisions noted in
Section VIILA, as discussed herein. There is no development agreement currently in effect for
this property.
B. Preliminary Plat(PP):
The proposed preliminary plat consists of 30 residential building lots for 20 single-family
attached dwellings and 10 single-family detached dwellings, five (5)multi-family building lots,
two (2)commercial building lots,and eight(8)common lots on 7.64 acres of land in the R-40 and
C-G zoning districts.
This property is within the Northern Gateway Urban Renewal District and within the Opportunity
Zone. If approved,the tax increment from this project would go toward making public
improvements in the area.
The Applicant plans to develop the property in three(3)phases as shown on the preliminary plat.
The single-family on the south end of the site is proposed to develop first with the multi-family
second,and rebuild of the commercial area last shortly after the second phase. The phasing plan
is based on the type of loan the Applicant has on the property.Because the property is income
producing,the loan will not allow the owners to disrupt the income being made off the existing
commercial buildings and the mobile home park. Once the property is not encumbered by this
loan condition,the owner will move forward with Phase II,providing market conditions warrant
it;Phase III will follow shortly after.
Due to the financing and timing,the Applicant requests an additional period of time of
approximately 4-5 years,instead of the standard 2-years,to obtain the City Engineer's signature
on the second phase file plat. This will also allow ample time to notice the existing residents of
the mobile home park of the plan to redevelop the property. Staff recommends the second phase
final plat application is not allowed to be submitted for a minimum period of four(4)years
from the date of approval of the preliminary plat to allow residents of the mobile home
park ample time to find other housing prior to redevelopment; this will require at least one
(1)time extension to be obtained in order for the preliminary plat to remain valid.
Dimensional Standards:
Future development should comply with the dimensional standards for the R-40 zoning district
listed in UDC Table 11-2A-8 and for the C-G zoning district listed in UDC Table 11-2B-3.
Subdivision Design and Improvement Standards (UDC 11-6C-2"-
Development of the subdivision is required to comply with the subdivision design and
improvement standards listed in UDC 11-6C-3.
Access(UDC 11-3A-3 :
There are three (3)existing access driveways via E.Fairview Ave.,a principal arterial,designated
on the Master Street Map(MSM)as a mobility arterial—one (1) for the retail store and two (2)
for the multi-tenant building where a restaurant(i.e. Idaho Pizza)is located.There are nine (9)
existing access driveways via NE 3'St.,a local street,designated on the MSM as a residential
collector street—two (2) for the commercial,one (1)ingress/egress driveway for the mobile home
park,and six(6)driveway accesses for individual homes.No access exists via E.Badley Ave.,a
local street along the southern portion of the property as that portion of the site is undeveloped.
The two(2)eastern accesses via Fairview for the multi-tenant building are proposed to remain
until redevelopment of that portion of the commercial property occurs as removal at this time
would negatively affect the existing uses;the western access is proposed to be removed as it's too
close to the intersection and doesn't conform to ACHD standards. ACHD is supportive of both of
the eastern accesses remaining until such time as the property redevelops. Staff recommends a
DA provision requiring all access via Fairview Ave.to cease upon redevelopment of the
commercial portion of the property and sole access to be taken via NE 3rd St.,the lesser
classification of the two streets,in accord with UDC 11-3A-3 and ACHD Policy.
The topography of the eastern portion of the commercial site where the multi-tenant building and
the eastern two(2)accesses are located is approximately 3-feet higher than the western portion of
the site where the retail building and single access is located and there is no cross-access
driveway between the two areas.
The northern access via NE 3'St. is proposed to be removed as it's too close to the intersection
and doesn't conform to ACHD standards. The second access nearest Fairview is proposed to
remain to serve the existing commercial retail store and a new driveway access is proposed 30-
feet to the south of the aforementioned driveway as depicted on the site plan in alignment with
the driveway on the west side of 3rd.Due to the traffic conflicts that will likely result with the
two driveways so close together, Staff recommends these two(2) accesses are combined and
aligned with the driveway on the west side of 3rd in accord with UDC 11-3A-3,which limits
access points to collector streets.The existing driveway in alignment with Gruber Ave. on the
west side of 3rd is proposed to remain and be reconstructed as a 30-foot wide curb return type
driveway and has been approved by ACHD. The remainder of the accesses are proposed to be
closed.
Two(2)new accesses are proposed via E.Badley Ave. to the single-family portion of the
development,which also provides connectivity to the multi-family and commercial portions of
the development.
With the subdivision, cross-access/ingress-egress easements should be granted between the
single-family, multi-family and commercial portions of the development via a note on the
final plat or a separate recorded agreement in accord with UDC 11-3A-3.
Street Improvements:
An additional 21-feet of right-of-way is required to be dedicated along Fairview Ave. consistent
with the MSM; however,no street improvements are required with this application. Fairview is
listed in the CIP to be widened from 5-to 7-travel lanes with on-street bike lanes between 2036
and 2040.
With development,the existing section of NE 3rd St.is required to be reconstructed and the
unimproved section between E. Gruber Ave. and E.Badley Ave. constructed as a collector
street in accord with the MSM and in general conformance with The City's Downtown
Meridian Street Cross-Section Master Plan, as follows:
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Note: Staff is working with ACHD on an appropriate cross-section for this street that generally
conforms to the above street section.
In accord with the right-of-way referenced in the East 3rd Street Alignment Study and the
stated need in the Cross-section Master Plan, Staff recommends the following complete
street section for NE 3rd St.between Badley and Gruber is constructed with the first phase
of development:
Buffer Sidewwalk Parkviay Curb Bikelane Lane Lane Bikelane Curb Parkway Sidewalk Buffer Total
4 10 8 2 0 13 13 0 2 8 5 1 66
For the street section between Gruber and Fairview to be constructed with the second phase
of development, the existing section of 3ra St. should be reconstructed as V2 of a 40-foot street
section with an 11-foot wide travel lane, an 8-foot wide planter strip and 5-foot wide
concrete sidewalk abutting the site.
Private Streets:
Private streets are proposed for internal access to the proposed single-family and multi-family
units for addressing purposes and are required to comply with the standards listed in UDC 11-3F-
4. Twenty-four(24) foot wide streets are proposed in the single-family portion of the
development to serve the 2-story structures and 26-foot wide streets are proposed in the multi-
family portion of the development to serve the 3-story structures in accord with Fire Dept.
requirements. The private streets should be delineated from the parking areas on the
common lot.
The Director finds the proposed private streets comply with the aforementioned standards and the
required Findings for approval (see Section X.F below). Therefore,the Director tentatively
approves the private streets subject to completion of the tasks noted in UDC 11-3F-3B within one
(1)year in accord with the Findings in Section X.F.Upon completion of these tasks and submittal
of the required documents, final approval will be issued.
Parking: Off-street parking is required to be provided in accord with the standards listed in UDC
Table 11-3C-6 for the use.
Alternative Compliance is requested to the off-street parking standards for single-family
dwellings listed in UDC Table 11-3C-6 (note 92),which requires parking pads to be located in
front of the garage,to allow the parking pads for the 3-bedroom units on Lots 2, 5,9, 11, 12, 14,
19,22,24,26,28 to and 32 to be located as close as possible to the corresponding unit as shown
on the parking exhibit in Section VIILF.
Although this request is irregular and not ideal,it still provides the required parking in fairly close
proximity to the associated dwelling units. The walking distance from the parking spaces to the
units they serve varies from 65 to 130 feet.
Due to the proposed site design with alley-loaded units accessed by private streets,the Applicant
states it's not feasible to comply with the required standards. Staff fords revisions could be made
to the plan to comply but it would change the design of the project.
Because the proposed alternative means of compliance meets the intent of the requirement by
providing an equal means of compliance and shouldn't be materially detrimental to the public
welfare or impair the intended uses and character of surrounding properties in accord with the
required Findings for such,the Director has approved the request(see Findings in Section X.G).
Sidewalks (UDC 11-3A-1 :
The UDC requires detached sidewalks along collector and arterial streets; attached sidewalks may
be provided along local streets.
There is an existing 5-foot wide detached sidewalk along E.Fairview Ave. and a 4+/-foot wide
attached sidewalk along NE 3rd St.; no sidewalk exists along Badley Ave.When NE 3'St.,a
future collector street,is reconstructed and extended,a detached sidewalk will be provided. An
attached sidewalk will be required along Badley Ave.,a local street.
A multi-use pathway is designated on the Pathways Master Plan along Fairview Ave. on this site.
If on-street bike lanes are not constructed by ACHD with the Fairview road widening project,a
10-foot wide detached sidewalk will likely be constructed by ACHD in lieu of the bike lanes. The
Applicant should coordinate with ACHD to ensure a 10-foot wide detached pathway is
constructed rather than a pathway of lesser width in accord with the Pathways Master
Plan.
Pathways(UDC 11-3A-8
The Pathways Master Plan (PMP)depicts a 10-foot wide multi-use pathway off-site along the
west side of NE 3'St. and an on-street route along E.Fairview Ave. on this site.All pathways
should comply with the standards in UDC 11-3A-8.
Accommodating the East 3rd Street Pathway is of the upmost importance.Meridian road does not
have bike lanes or parkways separating the sidewalk from a 5-lane roadway. Similarly,Main
Street does not have bike lanes and the narrow sidewalks do not accommodate bike use so close
to storefronts. The City's only opportunity for a family-friendly strong north-south pathway is on
3rd Street which has one of the few rail crossings. This Pathway alignment is adopted as part of
the Comprehensive Plan,Pathway Master Plan,and Street Cross-section Master Plan. Portions of
East 3rd Street to the South(Carlton to Franklin)are programmed for widening and will
incorporate the pathway. The pathway location on the west side has been identified as the safest
option and needs to be kept in this alignment on one-side of the street to enhance appeal and
promote its use in a pedestrian and bike-friendly downtown.
Internal pedestrian pathways are proposed from the perimeter sidewalks to the main building
entrances of the commercial buildings and within the single-family residential portion of the
development to the central common area. Revisions should be made to the pedestrian plan to
provide pedestrian connections between the single-family, multi-family and commercial
portion of the development.
The pedestrian access to Badley Ave.will provide a connection to the multi-use pathway along
the Five Mile Creek to the east.
A detached 10-foot wide multi-use pathway should be provided within the street buffer along
Fairview with redevelopment of the commercial portion of the site in Phase 3 in accord with the
PMP.ACHD may construct this pathway with the Fairview road widening project in 2036-2040
if on-street bike lanes are not constructed.
Landscaping(UDC 11-3B
A 9+/-foot wide landscaped street buffer exists along Fairview between the western and the
middle access driveway; the remainder of the site has no street buffer.No street buffer exists
along NE 3rd St. or Badley Ave.
A 25-foot wide street buffer is required along E.Fairview Ave.,an arterial street,and a 20-foot
wide street buffer is required along NE 3'St.,to be improved as a collector street,per UDC
Tables 11-2A-8 and 11-2B-3.No street buffer is required along Badley Ave. Landscaping is
required to be installed within the street buffers in accord with the standards listed in UDC 11-3B-
7C. The buffer on the commercial portion of the property will be required with the third phase of
development which should follow the Fairview Ave. road widening project.
All residential subdivision street buffers are required to be on a common lot,maintained by the
homeowner's association per UDC 11-3B-7C.2a.All commercial street buffers are required to be
on a common lot or on a permanent dedicated buffer,maintained by the property owner or
business owner's association per UDC 11-3B-7C.2b.
Landscaping is required adjacent to all pathways within the site in accord with the
standards listed in UDC 11-3B-12C.
There are existing trees on this site that are proposed to be removed with development. Mitigation
is required in accord with the standards listed in UDC 11-3B-I0C.5. Mitigation information
should be included on the landscape plan in accord with UDC standards.
Common Open Space:
The UDC (11-3G-2 does not include minimum open space standards for single-family
developments in the R-40 zoning district that are under 5 acres in size. Because the single-family
portion of the development is only 2.7+/-acres in size,open space is not required. Common open
space is proposed as shown on the landscape plan.
Common open space for multi-family developments is required per the standards listed in UDC
11-4-3-27C(see CUP analysis below for more information).
Site Amenities:
The UDC (11-3G-2)does not include minimum site amenity standards for single-family
developments in the R-40 zoning district that are under 5 acres in size. Because the single-family
portion of the development is only 2.7+/-acres in size, site amenities are not required. Site
amenities are proposed consisting of a 1,260 square foot clubhouse,a plaza area with seating,a
community garden,tot lot and a dog park.
Site amenity standards for multi-family developments are listed in UDC 11-4-3-27D(see CUP
analysis below for more information).
In the commercial area, a gazebo and plaza areas are proposed for each building.
Storm Drainage:
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards, specifications and ordinances. Design and construction is required to follow
Best Management Practices as adopted by the City as set forth in UDC 11-3A-18.The Applicant
submitted a Geotechnical En in�gRReport for the subdivision. Stormwater integration is
required in accord with the standards listed in UDC 11-3B-11 C.
Pressure Irrigation:
Underground pressurized irrigation water is required to be provided for each and every lot in the
subdivision as required in UDC 11-3A-15. This property lies within the Nampa-Meridian
Irrigation District boundary.
Utilities:
Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Street lights
shall be installed in accord with the City's adopted standards, specifications and ordinances.
Waterways:
There are no waterways of significant size that cross this site. All waterways on this site shall be
piped as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. The southern
portion of this project is within the Meridian Floodplain Overlay District(zone AE).A
floodplain development permit is required before land disturbance begins.All new and
replacement water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the systems and discharge
from the systems into floodwaters.The lowest finished floor of the buildings must be
elevated to flood protection levels with BFE and lowest finished floor noted on final grading
plans.
Fencing:
All fencing is required to comply with the standards listed in UDC 11-3A-7.No fencing is
depicted on the landscape plan. However,the Applicant intends to construct 6-foot tall solid vinyl
fencing along the eastern and northern boundaries of the residential portion of the development to
screen the residential from the commercial uses. Fencing details should be included on the
landscape plan submitted with the final plat application(s).
C. Conditional Use Permit(CUP)—Multi-family Development:
A CUP is requested for a multi-family development consisting of 90 residential units on
approximately 2.8 acres of land in the requested R-40 zoning district in accord with UDC Table
11-2B-2.Five (5) 3-story 18-plex multi-family structures are proposed containing a mix of 1-(45)
and 2-bedroom(45)units ranging from 712 to 1,278 square feet in size.
Note: The Applicant doesn't expect the 2"d phase of development in which the multi family
development lies, to develop for approximately 4-5 years due to the type of loan they have on the
property and restrictions associated with it.
Specific Use Standards (UDC 11-4-3-27):
The proposed use is subject to the following standards: (Staffs analysis/comments in italic text)
11-4-3-27: MULTI-FAMILY DEVELOPMENT:
Site Design:
1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is
otherwise required by this title and/or title 10 of this Code.Building setbacks shall take
into account windows,entrances,porches and patios,and how they impact adjacent
properties. The site plan included in Section VILD depicts buildings at a minimum
setback of 10 feet; no greater setback is required.
2. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and
transformer and utility vaults shall be located in an area not visible from a public street,
or shall be fully screened from view from a public street. The plans submitted with the
Certificate of Zoning Compliance application should demonstrate compliance with this
standard.
3. A minimum of eighty(80) square feet of private,usable open space shall be provided for
each unit. This requirement can be satisfied through porches,patios,decks,and/or
enclosed yards. Landscaping,entryway and other access ways shall not count toward this
requirement. In circumstances where strict adherence to such standard would create
inconsistency with the purpose statements of this section,the Director may consider an
alternative design proposal through the alternative compliance provisions as set forth in
section 11-5B-5 of this title. The Applicant's narrative states each dwelling unit will have
a minimum 80 square foot patio or balcony, which meets this standard.
4. For the purposes of this section,vehicular circulation areas,parking areas,and private
usable open space shall not be considered common open space. These areas were not
included in the common open space calculations for the site.
5. No recreational vehicles,snowmobiles,boats or other personal recreation vehicles shall
be stored on the site unless provided for in a separate,designated and screened area. The
Applicant should comply with this requirement.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to
All Districts",of this title.Based on (45) 1-bedroom and(45)2-bedroom units, a
minimum of 167 off-street vehicle parking spaces are required, including nine (9)guest
parking spaces, with 90 of those being in a covered carport or garage per UDC Table
11-3G6.A minimum of two (2)additional parking spaces are required for the 1,260
square foot clubhouse per UDC 11-3C-6B.1. Total off-street parking required for the
multi family development is 169 spaces with 90 covered spaces. The site plan depicts a
total of 176 spaces with 81 of those being covered, which is nine(9)more than the
minimum required but nine(9)fewer covered spaces than required.A minimum of
nine(9) of the parking spaces proposed should be covered.
Based on the number of vehicle parking spaces proposed(i.e. 176), a minimum of
seven (7)bicycle parking spaces are required per UDC 11-3C-6G that comply with the
standards listed in UDC 11-3C-5C. Bike racks should be provided in central locations
for each multi family building and the amenity building. Bicycle parking should be
included on the site plan in accord with these standards.
7. Developments with twenty(20)units or more shall provide the following:
a. A property management office.
b. A maintenance storage area.
c. A central mailbox location,including provisions for parcel mail,that provide safe
pedestrian and/or vehicular access.
d. A directory and map of the development at an entrance or convenient location for
those entering the development. (Ord. 18-1773,4-24-2018)
The location of these items should be depicted on the site plan submitted with the
Certificate of Zoning Compliance application.
Common Open Space Design Requirements(UDC 11-4-3-270:
The total baseline land area of all qualified common open space shall equal or exceed 10%
of the gross land area for multi-family developments of 5 acres of more.Because the site is
only 2.8 acres in area, this standard does not apply.
Common open space areas are required to comply with the standards listed in UDC 11-4-3-
27C.2,which state that open space areas must be integrated into the development as a
priority and not for the use of land after all other elements of the development have been
designed. These areas should have direct pedestrian access,be highly visible,comply with
CPTED standards and support a range of leisure and play activities and uses—irregular
shaped,disconnected or isolated open spaces do not meet the standard. Open space areas
should be accessible and well connected throughout the development(i.e. centrally located,
accessible by pathway and visually accessible along collector streets or as a terminal view
from a street). Open space areas should promote the health and well-being of its residents
and support active and passive uses for recreation,social gathering and relaxation to serve
the development.Pathways should be provided to the central common open space area
for pedestrian access.
All multi-family projects over 20 units are required to provide at least one (1)common
grassy area of at least 5,000 s.f. in area that's integrated into the site design allowing for
general activities by all ages,which may be included in the minimum required open space.
The area shall increase proportionately as the number of units increase and shall be
commensurate to the size of the development as determined by the decision-making body.
The site plan depicts a central common open space area of 8,907sf. that meets this
requirement.
In addition to the baseline open space requirement,which doesn't apply in this instance, a
minimum area of outdoor common open space shall be provided as follows:
a. One hundred fifty(150) square feet for each unit containing five hundred(500)or
less square feet of living area.All units contain more than 500 square feet(sf.) of
living area.
b. Two hundred fifty(250) square feet for each unit containing more than five hundred
(500)square feet and up to one thousand two hundred(1,200)square feet of living
area.All of the proposed 90 units contain between 500 and 1,200 sf of living area;
therefore, a minimum of 22,500 sf. (or 0.S acre)of common open space is required.
c. Three hundred fifty(350) square feet for each unit containing more than one
thousand two hundred(1,200) square feet of living area.None of the units contain
more than 1,200 square feet.
Common open space shall be not less than four hundred(400) square feet in area,and shall
have a minimum length and width dimension of twenty feet(20'). All qualified areas meet
this standard.
The qualified open space exhibit depicts 0.94-acre of qualified open space, which is 0.44-
acre above the required amount.
In phased developments,common open space shall be provided in each phase of the
development consistent with the requirements for the size and number of dwelling units.
The multi family portion of the development is proposed to be constructed in one phase as
the second overall phase of development.
Unless otherwise approved through the conditional use process,common open space areas
shall not be adjacent to collector or arterial streets unless separated from the street by a
berm or constructed barrier at least four feet(4)in height,with breaks in the berm or
barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,eff retroactive to 2-4-2009)
Some of the qualified open space is located adjacent to a collector street(i.e.NE 3'd St.).
As such, a berm or constructed barrier should be provided in accord with this standard.
Site Development Amenities:
1. All multi-family developments shall provide for quality of life,open space and recreation
amenities to meet the particular needs of the residents as follows:
a. Quality of life:
(1) Clubhouse.
(2) Fitness facilities.
(3) Enclosed bike storage.
(4) Public art such as a statue.
(5) Dog park with waste station.
(6) Commercial outdoor kitchen.
(7) Fitness course.
(8) Enclosed storage.
b. Open space:
(1) Community garden.
(2) Ponds or water features.
(3) Plaza.
(4) Picnic area including tables,benches,landscaping and a structure for shade.
c. Recreation:
(1) Pool.
(2) Walking trails.
(3) Children's play structures.
(4) Sports courts.
d. Multi-modal amenity standards:
(1) Bicycle repair station.
(2) Park and ride lot.
(3) Sheltered transit stop
(4) Charging stations for electric vehicles
2. The number of amenities shall depend on the size of multi-family development as
follows:
a. For multi-family developments with less than twenty(20)units,two(2)amenities
shall be provided from two (2) separate categories.
b. For multi-family development between twenty(20)and seventy-five (75)units,three
(3)amenities shall be provided,with one from each category.
c. For multi-family development with seventy-five (75)units or more, four(4)
amenities shall be provided,with at least one from each category.
d. For multi-family developments with more than one hundred(100)units,the decision-
making body shall require additional amenities commensurate to the size of the
proposed development.
3. The decision-making body shall be authorized to consider other improvements in
addition to those provided under this subsection D,provided that these improvements
provide a similar level of amenity. (Ord. 05-1170, 8-30-2005,eff. 9-15-2005)
Based on 90 multi family units, a minimum of four(4)amenities are required with at
least one from each category listed in UDC 11-4-3-27D.1. The site plan depicts the
following amenities: a swimming pool, clubhouse, dog park, community garden, bike
lockers and a tot lot from the quality of life, open space and recreation categories.An
additional amenity should be provided from the multi-modal category.
E. Landscaping Requirements:
1. Development shall meet the minimum landscaping requirements in accord with chapter 3,
"Regulations Applying to All Districts",of this title.
2. All street facing elevations shall have landscaping along their foundation. The foundation
landscaping shall meet the following minimum standards:
a. The landscaped area shall be at least three feet(3')wide.
b. For every three(3)linear feet of foundation,an evergreen shrub having a minimum
mature height of twenty-four inches(24")shall be planted.
c. Ground cover plants shall be planted in the remainder of the landscaped area.
The landscape plan submitted with the Certificate of Zoning Compliance application
should depict landscaping in accord with these standards.
F. Maintenance and Ownership Responsibilities: All multi-family developments shall record
legally binding documents that state the maintenance and ownership responsibilities for the
management of the development,including,but not limited to, structures,parking,common
areas,and other development features. The Applicant shall comply with this requirement.
Landscaping(UDC 11-38 :
Street buffer landscaping is required to be installed with the subdivision improvements(see
analysis above in Section V.B).
Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-
12C. A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of
one(1)tree per 100 linear feet of pathway.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot
tall solid screen fence is proposed along the northern&western boundaries of the multi-family
development.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed structures multi-family as well as
the single-family structures,included in Section VILG. The single-family cottages are all
proposed to be 2-stories in height with 2-car garages,while the multi-family apartment buildings
are proposed to be 3-stories in height. The clubhouse will be a single-story in height.The
Applicant's narrative states the multi-family buildings will use similar accents that the cottage
units will have.
A Certificate of Zoning Compliance application is required to be submitted for approval of
the multi-family development and re-development of the commercial development to ensure
compliance with UDC standards and development provisions associated with this
application.A Design Review application is required to be submitted for approval of the
single-family attached and multi-family structures and future commercial structures or
changes to existing commercial structures.Final design of all structures must comply with
the design standards in the Architectural Standards Manual.
D. Conditional Use Permit(CUP)—Single-family Dwellings in R-40 District:
A CUP to requested for the development of 10 single-family detached dwellings in the requested
R-40 zoning district as required by UDC Table 11-2A-2.
Typically, single-family detached residential uses are not a desired use in the R-40(high-density
residential)zoning district. However,they are allowed as a conditional use.
There are existing single-family residential dwellings to the west across NE 3'St. and to the
south across E.Badley Ave. The proposed single-family homes at a higher density of 16.5 units
per acre will assist in providing a transition to the multi-family apartments planned in the second
phase of this development and should be compatible with adjacent uses.For these reasons, Staff
is supportive of the request.
E. Conditional Use Permit(CUP)—Nonconforming Use:
A CUP is requested to allow the existing nonconforming parking,landscaping,and mobile home
park,that includes RV's to remain as-is for an extended period of time until redevelopment
occurs with the second and third phases of the proposed development.
Per UDC 11-1A-1,a nonconforming use is defined as,"A use that lawfully existed prior to the
effective date of this title but that does not now conform to the allowed uses for the district in
which it is located. For the purpose of this title,nonconforming parking lot design and
landscaping shall be deemed a nonconforming use."A nonconforming use may be extended
through approval of a CUP as set forth in UDC 11-1B-4A.Ia.
The nonconforming use of a portion of the site as a mobile home park and the parking and
landscaping in the commercial portion of the development will remain as-is until the second and
third phases of development respectively,which will be approximately 4-5 years.
The reason for the lengthy request is so that the Applicant may proceed with development of the
southern vacant portion of the site with Phase I,while allowing the residents of the mobile home
park adequate time to fmd other housing options prior to redevelopment of that portion of the site
with Phase II. Redevelopment of the commercial portion of the site isn't proposed until the third
phase of development. The extended time period for redevelopment of the mobile home park also
accommodates the type of loan the Applicant has on the property and the income generating uses
in the interim. The extended time period for the commercial portion of the development where the
nonconforming parking and landscaping are located will allow the Fairview Ave. road widening
project to be completed.For these reasons, Staff is supportive of the Applicant's request.
VIL DECISION
A. Staff:
Staff recommends approval of the requested Rezone,Preliminary Plat and(3)Conditional Use
Permit applications per the Findings in Section IX of this staff report. The Director has approved
the requested Private Street and Alternative Compliance administrative applications associated
with this project.
B. The Meridian Planning&Zoning Commission heard these items on April 20,2023. At the public
hearing,the Commission moved to recommend approval of the subject RZ,PP and CUP requests.
1. SgMMM of Commission public hearing_
a. In favor: Steve Arnold,Applicant's Representative
b. In opposition: None
C. Commenting: Kellee Jean Warner
d. Written testimony: None
e. Staff presenting application: Sonya Allen
f Other Staff commenting on application: Bill Parsons
2. Key issue(s)of public testimony
a. Question from neighborgarding how the proposed development would affect adjacent
properties.
b. Concern from two (2)residents of the mobile home park pertaining to where they'll live
if/when the property redevelops in the future and the cost associated with moving
3. Ke, ids)of discussion by Commission:
a. Concern pertaining to the extended time period for redevelopment of the mobile home
park and commercial portions of the development and feasibility of the developer's
ability to refinance the property after the terms of the existing loan are satisfied:
b. Concern pertaining to the upkeep of the mobile home park in the interim of people
vacating the mobile homes prior to redevelopment of the site and inclusion of a
requirement for the mobile homes to be removed as they are vacated,
C. Concern pertaining to the uncertainty of what's involved with the construction of a
complete street section for NE 3'St. between Gruber and Badley(i.e. if additional
right-of-way is needed from the property to the west, if reimbursement for the cost of
construction of the western portion of the street is possible from ACHD),
d. Inclusion of a sunset requirement for the CUP for extension of the nonconforming uses.
4. Commission change(s)to Staff recommendation:
a. A sunset requirement was included for the CUP for extension of the nonconforming uses
consistent with the preliminaryplat requirement in the DA(see condition#A.4.1),
b. The pedestrian pathway along the eastern boundary of the single-family portion of the
site shall be removed due to CPTED safety concerns(see condition#A.2.2f),
C. Inclusion of a provision requiring the mobile homes&associated debris that are vacant
at the beginning of Phase 2 to be removed within 45 calendar dam: if there are more
than 5 vacant mobile homes,that time period is extended to 90 calendar days (see DA
provision#A.1.1i).
5. Outstandingissue(s) for City Council:
a. None
C. The Meridian City Council heard these items on May 23_ and June 20.2023.At the public
hearing on June 20',the Council moved to approve the subject RZ_ PP and CUP requests.
1. Summary of the City Council public hearing:
a. In favor: Steve Arnold_Applicant's Representative:Mark Kelly_Applicant
b. In opposition:None
C. Commenting: Pat Hammerhan_Mike Harsh
d. Written testimony: Mark Kelly_ Elm Grove Mobile Home Park(Applicant)
C. Staff presenting application: Sonya Allen
f Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. The Applicant proposed to install bollard lighting along pathway on east side of siUle-
family residential for visibility of the area.
b. Concern pertaining to living conditions in some of the mobile homes in the park and the
a pearance of some of the properties within the park.
C. Concern pertaining to the possible difference in cost for a rental space between the
existing park and another park when the residents are forced to move.
3. Key issue(s)of discussion by City Council:
a. Who will be in charge of maintaining the mobile home park during the transition. The
Applicant will continue to maintain the nark.
b. Concern for the displacement of residents in the mobile home park and where they will
go given the price of housing now and in the future.
C. Concern pertaining to construction vehicles negatively effecting residents of the mobile
home park.
d. Possible solutions for affordable housing when the residents have to move to another
location.
C. The need for the Applicant to provide advanced notice to residents of the park of the
upcoming change in use of the property to provide adequate time for residents to find
other housing and get on lists for low-income housing if needed.
4. City Council change(s)to Commission recommendation.
a. Modify DA provision 41.1b to include the following requirement: "The Applicant shall
submit proof of notice via registered mail to all residents of the mobile home park of the
upcoming change in use of the property with submittal of the final plat application. The
letter shall include contact information(i.e. internet links_phone numbers_ etc) for local
affordable housing resource options for residents.No building permits shall be
Submitted for at least one(1)year from the date of submittal of the final plat
application."
b. Include a condition of the CUP for the multi-family development requiring the
Applicant to submit proof of notice via registered mail to all residents of the mobile
home park of the upcoming change in use of the property with future application for a
CUP time extension for the multi-family development. The letter shall include contact
information(i.e. internet links,phone numbers_ etc.) for local affordable housing
resource options for residents (see condition 43.8 in Section IXI.
C. Modify condition#A2.2f to delete the requirement for removal of the pathway along the
eastern side of the single-family residential portion of the development and add a
requirement for pedestrian lighting to be installed along the pathway.
d. Include a new DA provision."hi two(2)years when the Applicant's loan on the
ropertv switches to a fixed-rate.the Applicant shall take inventory of the homes that
exist at that time and offer to move (at the Applicant's cost)any of the RV's or mobile
homes that are newer than 1976 to a mobile home or RV park the Applicant is building
in Ontario. OR or to my park the Applicant owns in Eagle. Twin Falls. or Kimberly.
ID.contingent upon spaces being available in those parks at that time, as offered by the
Applicant in the letter included in Section VIILG of the staff report(see Section
ix.1.1 "
VIIL EXHIBITS
A. Rezone Legal Descriptions and Exhibit Maps
Description for
R-40 Zone
September 2, 2022
A parcel of land located in the Northeast 114 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian,Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E.,
B.M.,from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29"West,2.404.77 feet;thence on
the centerline of E. Fairview Avenue, South 89`11'04"West,629.99 feet; thence
leaving said centerline, South 00°35'12"West,310.09 feet to the REAL POINT OF
BEGINNING;
thence continuing South 00°35'12"West, 686.83 feet to the centerline of E.
Badley Avenue;
thence on said centerline, North 89°30'43"West, 393.75 feet to the intersection
of E. Badley Avenue and NE 3rd Street;
thence on the centerline of NE 3rd Street, North 00'28'17' East,730.12 feet;
thence leaving said centerline, South 89°28'01" East, 90.00 feet to the exterior
line of the City of Meridian C-G Zone;
thence on said exterior boundary line the following two(2)courses and
distances:
South 00'28'17"West, 50.16 feet;
North 89°11'04" East,305.21 feet to the REAL POINT OF BEGINNING.
Containing 6.284 acres, more or less.
End of Description.
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SURVEY BOISE,KOMO832a°
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GROUP, LLC Located In the NE1/4 of the NWi/4 of Section 7, Dwg. Date
T.W. RAE., B.M., City of Merldlon, Ada County, doho. 9/2/2022
Description for
R-40 Zone
September 2, 2022
A parcel of land located in the Northeast 1/4 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian,Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1E.,
B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29"West,2.404.77 feet; thence on
the centerline of E. Fairview Avenue, South 89'11'04' West, 629.99 feet; thence
leaving said centerline, South 00'35'12" West, 267.11 feet to the REAL POINT OF
BEGINNING;
thence continuing South 00`35'12"West, 42.98 feet to the exterior boundary
line of the City of Meridian C-G Zone;
thence on said exterior boundary line the following two (2) courses and
distances:
South 89'11'04"West, 305.21 feet;
North 00'28'17" East, 50.16 feet,
thence leaving said exterior boundary line, South 89'28'01" East, 305.22 feet to
the REAL POINT OF BEGINNING.
Containing 0.326 acres. more or less.
End of Description.
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GROUP, LLC Located in the NE1/4 of the NW1/4 of Section 7, Dwq. Date
9 T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho. 9/2/2022
Description for
C-G Zone
September 2, 2022
A parcel of land located in the Northeast 114 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E.,
B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29" West, 2,404.77 feet; thence on
the centerline of E. Fairview Avenue, South 89`11'04" West, 935.83 feet to the exterior
boundary line of the City of Meridian C-G Zone and the REAL POINT OF BEGINNING;
thence on said exterior boundary line, South 00"28`17" West, 259.92 feet:
thence leaving said exterior boundary line, North 89"28'01" West, 90.00 feet to
the centerline of NE 3rd Street;
thence on said centerline, North 00°28'17" East, 257.80 feet to centerline of E.
Fairview Avenue;
thence on said centerline, North 89011'04" East, 90.02 feet to the REAL POINT
OF BEGINNING.
Containing 0.535 acres, more or less.
End of Description.
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H. Letter from the Applicant
Elm Grove Commercial and Mobile Home Park
History: Property was purchased in 2015 and financing was put in place which cross
collateralized Elm Grove and Riviera Estates Mobile Home Park, in Eagle. The loan is a 10-year
fixed rate interest which converts to an adjustable loan after 10 years. The vacant property at
the south end of the Elm Grove property(Promenade Cottages Area) is allowed to be carved
out of the collateral held by the bank as we were planning to develop this vacant portion of the
property. The balance of the property will need to remain operating as-is per the loan
documents and remain as collateral for the loan as long as it is in existence. We have been
working with City Staff to entitle the property for approximately 5-6 years.
Inventory of homes at the park at this time (total of 40 spaces):
15- Recreation Vehicles(these can be moved very easily and economically and there are a
number of RV parks within a 50-mile radius of Elm Grove)
17- Mobile homes that are older than 1976 (these homes typically need to be retrofitted to
meet HUD standards before they can be moved depending on individual jurisdictions and are
usually uneconomical and will require costly dump fees to dispose of these homes)
8—Mobile homes newer than 1976(these homes can be moved and make economic sense in
most cases)
*in two years the inventory could be different and we are committed to filling any future vacant
spaces during the interim period prior to construction of phase 2/multi-family to RVs so that
when the closing of the park occurs it will be easier to transition.
Possible Options to help with the displacement of residents of the Mobile Home
Park(while we have empathy for anyone that has to change their living arrangement,we feel
the RVs are going to be able to find other alternatives when the time comes that we are ready
to give notice to vacate):
1. In two years when the loan is switching from a fixed-rate we could take inventory of
what homes exist and at that time we could offer to move(at our cost)any of the RVs or
MHs that are newer than 1976 to a mobile home park and RV park we are building in
Ontario,Oregon or to any MH park we own in Eagle,Twin Falls or Kimberly(pending
there are spaces available in those parks).
2. Instead of giving"90 day notices to vacate" (which Idaho statute requires)to all
residents when we are ready to begin construction on the phase 2 multi-family
component then we will give "180 day notice to vacate" and will provide assistance in
finding affordable housing and RV park options at that time by providing materials and
internet links such as these https://housingidaho.com and https:l/bcaacha.org/
3. Another possibility is to replace our existing manufactured home community with a new
one. If the City has any surplus property for sale or is open to allowing the development
of a new community within its boundaries,we can construct a suitable manufactured
home community to accommodate the 25 available homes that could potentially be
relocated.
4. The City is proposing to condition us to build the full width of street improvements for
3rd street between Gruber and 6adley. We are accustomed to building half width
improvements when we are developing only one side of the proposed street. If the City
would condition us to only build a full half width in this area,we could then allocate a
portion of those dollars to providing financial assistance to the residents of the mobile
home park.
The proposed development involves significant risks,considering the current financing
challenges and uncertainties in the commercial mortgage market.We need to strike a balance
between servicing the existing debt and transitioning to the development of the multi-family
units.This transition would entail discontinuing the current revenue source.
We are hopeful that the city will approve the necessary documents to carve out the phase 1
area (Promenade Cottages).This will allow us to commence construction on that phase,
creating an alternative revenue source for the property.This new revenue stream will assist in
transitioning the financing for the entire property and progressing with phase 2 of the multi-
family development.
While the multi-family units are not specifically designed to meet "affordable per medium
income standards" or be deed restricted,they are planned to offer smaller 1-and 2-bedroom
options that are relatively more affordable. Increasing the overall supply of rental units will
ultimately contribute to the affordability of the entire market area.
Sincerely,
7&4,z4�
Elm Grove Mobile Home Park
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Rezone
1.1 A Development Agreement(DA)is required as a provision of rezone of this property.
Prior to approval of the rezone ordinance,a DA shall be entered into between the City of
Meridian,the property owner(s)at the time of rezone 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 rezone.
The DA shall,at minimum,incorporate the following provisions if City Council
determines the rezone is in the best interest of the City:
a. Future development of this site shall be generally consistent with the site plan,
landscape plan,phasing plan and building elevations included in Section VIII and the
provisions contained herein.
b. The final plat application for the second phase of development shall not be submitted
to the Planning Division for a minimum period of four(4)years from the date of
approval of the preliminary plat to allow residents of the mobile home nark ample
time to find other housing prior to redevelopment of the site. The Applicant shall
submit proof of notice via registered mail to all residents of the mobile home
ark of the upcoming change in use of the property with submittal of the final
plat application.The letter shall include contact information (i.e.internet links.
hone numbers,etc.) for local affordable housing resource options for residents.
No building permit applications shall be submitted for at least one (1) year from
the date of submittal of the final plat application.
c. All access via E. Fairview Ave. for the subject property shall cease upon
redevelopment of the commercial portion of the property and sole access shall be
taken via NE 3'St.,the lesser classification of the two streets,in accord with UDC
11-3A-3 and ACHD Policy.
d. With the first phase of dei,elepment, the d&veleper-shall stfeet seetiOff-fq-4-:N- F-- -A'St.
between Badley and Gmber-to be eenstmeted with the first phase of deN,elepmen4:
e. With the first phase of development,the Developer shall construct NE 3'St.between
E.Badley Ave. and E. Gruber Ave. as a complete street section(from west to east
abutting the site),as follows: 4-foot wide buffer, 10-foot wide sidewalk/pathway, 8-
foot wide parkway,2-foot wide curb and gutter,two (2) 13-foot wide travel lanes,2-
foot wide curb and gutter,and an 8-foot wide parkway, 5 feet wide s a,,w k an '--
feet wide bu within the existing 66 60-feet of right-of-way.Provide a permanent
right-of-way easement extending from the right-of-way line to 2-feet behind back of
sidewalk abutting the site on the east side of NE 3'St. for a 5-foot wide detached
sidewalk.
f. With the second phase of development,the Developer shall recenstme+'_`TE ?05=4.
be�ween E. C*ttb2r'- i4c-arnrEFaif—vie d6 h 1 f of,. 40 feet y`4de sc4eet seeti6n
with aft 11 feet wide t+a-'�el!a-He, aft 9 feet wide Pla-Hter-Stfip end 5 feet wide
eener-ete side ,. k..butting the site construct an 8-foot wide planter strip and 5-foot
wide detached sidewalk abutting the site on the east side of NE 3'St. A permanent
right-of-way easement shall be provided to 2-feet behind back of sidewalk if located
outside of the right-of-way; sidewalk shall be located wholly within right-of-way or
wholly within an easement.
g. The existing nonconforming parking and landscaping in the commercial portion of
the development and the mobile home park in the R-40 zoning district,is allowed to
remain until redevelopment of the site in accord with the phasing plan as approved
with the conditional use permit for extension of these nonconforming uses.
h. Depict pedestrian connections between the single-family,multi-family and
commercial portions of the development. All pathways should comply with the
standards in UDC 11-3A-8.
i. The mobile homes and associated debris that are vacant at the beginning of Phase 2
shall be removed within 45 calendar days; if there are more than five (5)vacant
mobile homes,that time period is extended to 90 calendar days.
In two (21 years when the Applicant's loan on the property switches to a fixed-rate
the Applicant shall take inventory of the homes that exist at that time and offer to
move (at the Applicant's cost)any of the RV's or mobile homes that are newer than
1976 to a mobile home or RV park that the Applicant is building in Ontario_ OR or to
any park the Applicant owns in Eagle_Twin Falls_ or Kimberly_ ID contingent upon
spaces being available in those parks at that time, as offered by the Applicant in the
letter included in Section VIII.G of the staff report.
2. Preliminary Plat
2.1 The final plat(s)shall include the following revisions:
a. Depict a 25-foot wide street buffer along E. Fairview Ave.,an arterial street,and a
20-foot wide street buffer along NE 3'St.,to be improved as a collector street,
within a common lot or on a permanent dedicated buffer easement,maintained by the
property owner,homeowner's association or business owners' association,per UDC
11-3B-7C.2a.
b. Remove the western-most driveway access driveway via E.Fairview Ave. on the
commercial portion of the property as it does not meet ACHD policy.
c. Remove one of the two driveway accesses via E.Fairview Ave. in front of the
existing multi-tenant building in accord with UDC 11-3A-3,unless otherwise waived
by City Council.
d. Combine the two (2)northern access driveways via NE 3'St. and align the driveway
with the driveway on the west side of NW 3'St.
e. A cross-access/ingress-egress easement shall be provided between the single-family,
multi-family and commercial lots via a note on the final plat or a separate recorded
agreement in accord with UDC 11-3A-3.
f. Delineate the privates from parking areas on the common lot.
2.2 The landscape plan included in Section VILC shall be revised as follows:
a. Depict a 25-foot wide street buffer along E.Fairview Ave.,an arterial street,and a
20-foot wide street buffer along NE 3'St.,to be improved as a collector street,with
landscaping in accord with the standards listed in UDC 11-3B-7C.
b. Landscaping is required adjacent to all pathways within the site in accord with the
standards listed in UDC 11-3B-12C.
c. Mitigation information should be included on the landscape plan for all existing trees
that are being removed with development in accord with the standards listed in UDC
11-3B-IOC.5.
d. Depict a minimum 5-foot wide detached sidewalk with an 8-foot wide parkway along
the east side of NW 3'Street in accord with the Downtown Meridian Street Cross-
Section Master Plan (see pg. 4-11).
e. Depict a 10-foot wide detached sidewalk/pathway along E.Fairview Ave. within the
street buffer if not constructed by ACHD with the Fairview Ave.road widening
project.
f D om a ,e the a destfia ..tl.w ,a4e the easte 1,,.un of the s to F,..jIy
a of the site ..t the diFeetio of the r,.,...,..4ssi i . Depict pedestrian lighting
ad
jacent to the pathway along the eastern boundary of the single-family residential
portion of the development.
2.3 Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-8 for the R-40 zoning district and UDC Table 11-2B-3 for the C-G
zoning district.
2.4 All private streets within the development shall comply with the design and construction
standards listed in UDC 11-3F-4.
2.5 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.
Alternative Compliance was approved for Lots 2, 5,9, 11, 12, 14, 19,22,24,26,28 to
and 32,to allow the parking pads to be in alternate locations as depicted on the parking
exhibit in Section VIILF instead of in front of the garages.
2.6 The Applicant shall comply with all ACHD conditions of approval.
2.7 Provide a pressurized irrigation system consistent with the standards as set forth in UDC
11-3A-I5,UDC 11-3B-6 and MCC 9-1-28.
2.8 Upon completion of the landscape installation,a written Certificate of Completion shall
be submitted to the Planning Division verifying all landscape improvements are in
substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14.
2.9 A Design Review application shall be submitted for approval of the single-family
attached structures.Final design shall comply with the design standards in the
Architectural Standards Manual.
2.10 The preliminary plat approval shall become null and void if the applicant fails to either:
1)obtain the City Engineer signature on a final plat within two years of the date of the
approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7.
3. Conditional Use Permit(multi-family development):
3.1 Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family
Development and the dimensional standards listed in UDC Table 11-2A-8 is required.
3.2 The site/landscape plans submitted with the Certificate of Zoning Compliance shall be
revised as follows:
a. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and
transformer and utility vaults shall be located in an area not visible from a public
street,or shall be fully screened from view from a public street in accord with UDC
11-4-3-27B.2.
b. Depict the location of the property management office;maintenance storage area;
central mailbox location,including provisions for parcel mail,that provide safe
pedestrian and/or vehicular access; and a directory and map of the development at an
entrance or convenient location for those entering the development in accord with
UDC 11-4-3-27B.7.
c. Depict landscaping along all the foundation of all street facing elevations in accord
with the standards listed in UDC 11-4-3-27E.
d. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C.A
mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of
one (1) tree per 100 linear feet of pathway.
e. Depict a minimum of 176 off-street parking spaces as proposed with at least 90 of
those being in a covered carport or garage per UDC Table 11-3C-6.
f. Depict a minimum of 7 bicycle parking spaces (based on 176 vehicle parking spaces
proposed)per the standards listed in UDC 11-3C-6G:bicycle parking facilities shall
comply with the standards listed in UDC 11-3C-5C.Bike racks should be provided in
central locations for each multi-family building and the amenity building.
g. Pathways should be provided to the central common open space area for pedestrian
access in accord with UDC 11-4-3-27C.2b.
h. Depict an additional site amenity from the multi-modal category listed in UDC 11-4-
3-27D.1 d in accord with UDC 11-4-3-27D.2c.
i. Depict minimum 7-foot wide sidewalks where parking abuts sidewalks if wheel stops
aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5B4; if 7-
foot sidewalks are proposed,the length of the stall may be reduced to 17 feet.
J. Depict a berm or constructed barrier at least four feet(T)in height,with breaks in the
berm or barrier to allow for pedestrian access,along NE 3'St. in accord with UDC
11-4-3-27C.7.
3.3 No recreational vehicles,snowmobiles,boats or other personal recreation vehicles shall be
stored on the site unless provided for in a separate,designated and screened area as set forth
in UDC 11-4-3-27B.5.
3.4 Submit a floor plan(s) for the multi-family structures that depict a minimum of 80 square feet
of private,usable open space for each unit in accord with UDC 11-4-3-27B.3.
3.5 All multi-family developments shall record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including,but not limited to, structures,parking,common areas,and other development
features as set forth in UDC 11-4-3-27F. A recorded copy of the document shall be
submitted prior to issuance of the first Certificate of Occupancy for the development.
3.6 A Certificate of Zoning Compliance and Design Review application shall be submitted for
approval of the multi-family development to ensure compliance with UDC standards and
development provisions associated with this application. Final design of all structures must
comply with the design standards in the Architectural Standards Manual.
3.7 The conditional use permit shall be valid for a maximum period of two (2)years unless
otherwise approved by the city. During this time,the applicant shall commence the use as
permitted in accord with the conditions of approval, satisfy the requirements set forth in the
conditions of approval,and acquire building permits and commence construction of
permanent footings or structures on or in the ground.
Upon written request and filing by the applicant prior to the termination of the period in
accord with subsection(F)(1)of this section,the director may authorize a single extension of
time to commence the use not to exceed one (1)two-year period. Additional time extensions
up to two(2)years as determined and approved by the commission may be granted. With all
extensions,the director or commission may require the conditional use comply with the
current provisions of this chapter.
3.8 The Applicant shall submit proof of notice via registered mail to all residents of the mobile
home park of the upcoming change in use of the property with future application for a time
extension of the conditional use permit. The letter shall include contact information(i.e.
internet links_phone numbers_ etc.) for local affordable housing resource options for
residents.
4. Conditional Use Permit(Extension of Non-Conformine Uses)
4_1 The conditional use permit for the extension of the non-conforming uses stated herein is valid
for a period of four(4)years from the date of approval. A time extension may be requested in
accord with the standards listed in UDC 11-5B-6F.3.
5. Conditional Use Permit(Sinele-family Detached Residential in the R-40 Zoning District)
5_1 The developer is allowed to construct up to ten(10) single-family detached dwelling units in
the R-40 zoning district as allowed by UDC Table 11-2A-2 with a conditional use permit.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Ensure no sewer services cross infiltration trenches.
1.2 End of line requires a minimum of 0.6% slope.
1.3 Minimum angle into/out of a manhole in the direction of flow is 90 degrees. This is not
met for tie in from the apartments to NE 3rd St.
1.4 Water or sewer mains requires a 20'easement with main centered in the middle. Sewer
and water in parallel require a 30'easement with 10'separation between mains and edge
of pavement. Sewer crossing the common lot as well as within the apartments do not
meet these requirements.
1.5 Provide 20'easements for water services up to water meters and 10'beyond.
1.6 Provide 20'easements for fire hydrant laterals and 10'beyond.
1.7 Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,
fences,infiltration trenches,light poles,etc.)are built within the utility easement.
1.8 Water main stubs to future phases must have a blow-off
1.9 Provide a water valve halfway through the apartment loop.
1.10 A portion of this project is within the Meridian Floodplain Overlay District. A floodplain
development permit is required before land disturbance begins.All new and replacement
water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the systems and
discharge from the systems into floodwaters.The lowest finished floor of the buildings
must be elevated to flood protection levels with BFE and lowest finished floor noted on
final grading plans.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department,and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is
three feet,if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and
water mains to and through this development. Applicant may be eligible for a
reimbursement agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of
public right of way(include all water services and hydrants). The easement widths shall
be 20-feet wide for a single utility,or 30-feet wide for two. Submit an executed easement
(on the form available from Public Works),a legal description prepared by an Idaho
Licensed Professional Land Surveyor,which must include the area of the easement
(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked
EXHIBIT B) for review.Both exhibits must be sealed, signed and dated by a Professional
Land Surveyor. DO NOT RECORD.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water(UDC 11-3B-6). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available,a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized,the developer will be responsible for the payment of
assessments for the common areas prior to prior to receiving development plan approval.
2.5 Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,
intersecting,crossing or laying adjacent and contiguous to the area being subdivided shall
be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply
with Idaho Code 42-1207 and any other applicable law or regulation.
2.7 Any wells that will not continue to be used must be properly abandoned according to
Idaho Well Construction Standards Rules administered by the Idaho Department of
Water Resources. The Developer's Engineer shall provide a statement addressing
whether there are any existing wells in the development,and if so,how they will continue
to be used,or provide record of their abandonment.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.9 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
2.10 Applicant shall be required to pay Public Works development plan review,and
construction inspection fees,as determined during the plan review process,prior to the
issuance of a plan approval letter.
2.11 It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
2.12 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.14 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.15 The design engineer shall be required to certify that the street centerline elevations are set
a minimum of 3-feet above the highest established peak groundwater elevation. This is
to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project.
2.17 At the completion of the project,the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any
structures within the project.
2.18 A street light plan will need to be included in the civil construction plans. Street light
plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found at
http://www.men'diancity.org/public_works.aspx?id=272.
2.19 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond.Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
2.20 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20%of the total construction cost for all completed sewer,water and reuse
infrastructure for duration of two years. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond.Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
C. FIRE DEPARTMENT
https://weblink.meridiancity.or lWebLink/DocView.aspx?id 274173&dbid 0&re2o MeridianC
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D. POLICE DEPARTMENT
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E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
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F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
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https://weblink.meridiancity.orgi ebLink/DocView.aspx?id 285893&dbid 0&repo MeridianC
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G. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.org/WebLink/DocView.aspxT id282985&dbid0&repoMeridianC
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https://weblink.meridiancity.org/WebLink/DocView.aspx?id 278368&dbid 0&repo MeridianC
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H. WEST ADA SCHOOL DISTRICT(WASD)
https://weblink.meridiancity.org/WebLink/DocView.aspxT id279665&dbid0&repoMeridianC
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L COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id 278904&dbid 0&repo MeridianC
J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
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K. ADA COUNTY HIGHWAY DISTRICT(ACHD)
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https://weblink.meridianci.y.org/WebLink/DocView.aspx?id274103&dbid0&repo—Meridian C
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L. PARK'S DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id 293798&dbid 0&repo MeridianC
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M. MERIDIAN DEVELOPMENT CORP.
https://weblink.meridiancity.org/WebLink/DocView.aspx?id294143&dbid0&repo—Meridian C
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X. FINDINGS
A. Rezone:
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an
annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the proposed zoning map amendment to R-40 and C-G and subsequent
development is generally consistent with the Comprehensive Plan and the underlying FLUM
designations of Commercial and High-Density Residential.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment will alleviate the existing
nonconforming use of the commercial retail use in the R-8 zoning district and allow for a
range of housing opportunities consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety,and
welfare;
The City Council finds the proposed zoning map amendment and subsequent development
should not be detrimental to the public health, safety and welfare if adequate notice is
provided to existing residents of the mobile home park as required.
4. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the city including,but not limited
to, school districts; and
The City Council finds the proposed zoning map amendment will not result in an adverse
impact on the delivery of services by any political subdivision providing public services
within the City.
5. The annexation(as applicable)is in the best interest of city.
This finding is not applicable as the application is for a rezone, not annexation.
B. Preliminary Plat:
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use,density, transportation, and pedestrian connectivity
with the condition in this report. (Please see Comprehensive Plan Policies in, Section V of this
report for more information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
The City Council finds that public services will be provided to the subject property with
development. (See Section IX of the Staff Report for more details from public service providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services for the
proposed development based upon comments from the public service providers (i.e., Police,
Fire, ACHD, etc.) in Section IX.
5. The development will not be detrimental to the public health, safety or general welfare;
and,
The City Council is not aware of any health, safety, or environmental issues associated with
the platting of this property that would be detrimental to the public health, safety or general
welfare.
6. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any significant natural, scenic or historic features that exist on
this site that require preserving.
C. Conditional Use Permit(multi-family development):
The city council shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds the site is large enough to accommodate the development of 90
apartment units and meet all of the dimensional and development regulations of the R-40
zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
The City Council finds the proposed multi family development will be harmonious with the
Comprehensive Plan and in accord with the standards in the UDC.
3. That the design,construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds the design, construction, operation and maintenance of the proposed
multi family development will be compatible with other uses in the general neighborhood and
should not adversely change the essential character of the same area, if all conditions of
approval are met.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The City Council finds the proposed use, if it complies with all conditions of approval
imposed, will not adversely affect other property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools,parks,police and fire protection, drainage
structures, refuse disposal,water,and sewer.
The City Council finds the proposed use will be adequately served by essential public
facilities and services.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
Because all public facilities and services are readily available, the City Council finds that the
proposed use will not be detrimental to the economic welfare of the community or create
excessive additional costs for public facilities and services.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general
welfare by reason of excessive production of traffic,noise, smoke,fumes, glare or odors.
Although traffic will increase in the vicinity with approval of the proposed multi family
development, the City Council finds it shouldn't be excessive or detrimental to any persons,
property or the general welfare.
8. That the proposed use will not result in the destruction,loss or damage of a natural,
scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-
2005, eff.9-15-2005)
The City Council finds approval of the proposed use shouldn't result in the destruction, loss
or damage of any such features.
D. Conditional Use Permit(single-family dwellings in R-40 district):
The city council shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds the site is large enough to accommodate the proposed use and meet
all of the dimensional and development regulations of the R-40 zoning district except for the
off-street parking standards, of which the Applicant requests approval of alternative
compliance (see Section VI.D).
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
The City Council finds the proposed use (i.e. single-family dwellings) will be harmonious
with the Comprehensive Plan in it they will provide a transition in density and uses to the
proposed multi family development and complies with UDC standards with approval of a
conditional use permit.
3. That the design,construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds the design, construction, and proposed operation and maintenance of
the single-family dwellings will be compatible with other such uses in the neighborhood to
the west and south and should not adversely change the essential character of the same area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The City Council finds the proposed use will not adversely affect other properties in the
vicinity.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools,parks,police and fire protection,drainage
structures, refuse disposal,water,and sewer.
The City Council finds the proposed use will be adequately served by essential public
facilities and services.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The City Council finds the proposed use will not create additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general
welfare by reason of excessive production of traffic,noise, smoke,fumes, glare or odors.
Although traffic will increase in the vicinity with approval of the proposed residential units,
the City Council finds it shouldn't be excessive or detrimental to any persons,property or the
general welfare.
8. That the proposed use will not result in the destruction,loss or damage of a natural,
scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-
2005, eff.9-15-2005)
The City Council finds approval of the proposed use shouldn't result in the destruction, loss
or dame of any such features.
E. Conditional Use Permit(non-conforming use):
The city council shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds this finding does not apply to the proposed extension of the
nonconforming uses.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
The City Council finds this finding does not apply to the extension of the nonconforming uses
as the proposed uses do not comply with certain UDC standards, thus the reason for the
request.
3. That the design,construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds the extension of the nonconforming uses is compatible with other uses
in the general neighborhood that are yet to redevelop and comply with current UDC
standards and will not adversely change the essential character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The City Council finds the extension of the nonconforming uses will not adversely affect other
property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools,parks,police and fire protection,drainage
structures, refuse disposal,water,and sewer.
The City Council finds the extension of the nonconforming uses will continue to be
adequately served by the facilities and services noted.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The City Council finds the extension of the nonconforming uses will not be detrimental to the
economic welfare of the community or create excessive additional costs for public facilities
and services.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general
welfare by reason of excessive production of traffic,noise, smoke,fumes, glare or odors.
The City Council finds the extension of the proposed nonconforming uses will not involve
activities or processes, materials, equipment and conditions of operation that will be
detrimental to any persons,property or the general welfare as noted.
8. That the proposed use will not result in the destruction,loss or damage of a natural,
scenic or historic feature considered to be of major importance. (Ord.05-1170,8-30-
2005, eff.9-15-2005)
The City Council finds the proposed use will not result in the destruction, loss or damage of a
natural,scenic or historic feature of major importance.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for
additional nonconforming uses within the area; and
The City Council finds the proposed extension of the nonconforming uses do not
encourage or set a precedent for additional nonconforming uses within the area.
b. That the proposed nonconforming use is developed to a similar or greater level of
conformity with the development standards as set forth in this title as compared to the
level of development of the surrounding properties.
The City Council finds the proposed extension of nonconforming uses are comparable to
adjacent properties in the area that are yet to redevelop.
F. Private Street:
In order to approve the application,the Director shall find the following:
1. The design of the private street meets the requirements of this Article;
The Director finds the design of the proposed private streets complies with the standards
listed in UDC 11-3F-4. See analysis in Section VI.B for more information.
2. Granting approval of the private street would not cause damage hazard, or nuisance, or
other detriment to persons,property, or uses in the vicinity; and
The Director finds that granting approval of the proposed private streets would not cause any
hazard, nuisance or other detriment to persons,property or uses in the vicinity if the streets
are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-
4B.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.
The Director finds the use and location of the private streets does not conflict with the
Comprehensive Plan and/or the regional transportation plan as they are proposed to connect
to local(E. Badley Ave) and collector(NE Yd St.)streets consistent with private street
standards.
4. The proposed residential development(if applicable)is a mew or gated development.
The Director finds the proposed residential development incorporates a mew in the site
design as desired.
G. Alternative Compliance:
In order to grant approval for an alternative compliance application,the Director shall
determine the following:
1. Strict adherence or application of the requirements are not feasible; or
The Director finds with the proposed site design, strict adherence or application of the
requirements is not feasible; however, revisions to the site plan could be made to comply.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the proposed alternative means of compliance provides an equal means
for meeting requirement.
3. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of surrounding properties.
The Director finds the proposed alternative means of compliance to the parking standards
will not be materially detrimental to the public welfare of impair the intended use and
character of surrounding properties.
E IDIAN
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AGENDA ITEM
ITEM TOPIC: License Agreement Between the City of Meridian and Ada County for
Meridian Police Department Use of Work Space at the FACES Downtown Boise Location
AGREEMENT NO.
LICENSE AGREEMENT BETWEEN ADA COUNTY
AND THE MERIDIAN POLICE DEPARTMENT
THIS LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN
POLICE DEPARTMENT is entered by and between Ada County, a duly formed and existing
county pursuant to the laws and Constitution of the State of Idaho, ("County"), and the City of
Meridian, a municipal corporation duly formed and existing pursuant to Idaho law,by and through
the Meridian Police Department(herein referred to as "Licensee") for a license to use a portion
of real property described below and referred to as the "Work Space." County and Licensee may
be referred to collectively as the"Parties."
RECITALS:
WHEREAS, County owns certain real property located at 417 S. 6th Street, Boise, Idaho
83702("the Property")and desires to license a portion of the Property to Licensee("Work Space")
to be used by Licensee to provide services to certain victims of crime; and
WHEREAS,Licensee desires to utilize the Work Space to provide such services.
NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged and agreed and in consideration of provision of the Work Space
and mutual representations, covenants, and agreements hereinafter contained, County and
Licensee hereby agree to the terms and conditions of this License Agreement for a term beginning
October 1, 2023 and ending September 30, 2024 as follows:
L GENERAL PROVISIONS
1. Work Space: County hereby licenses to Licensee, and Licensee hereby licenses
from County, the Work Space described in Exhibit B. The number of cubicles and office spaces
in the Work Space occupied by the Licensee may be changed upon the mutual agreement of the
Licensee and the County. The Work Space contains: (a) the designated area assigned to Licensee
by the County within the first floor of the building located on the Property, as depicted in
Exhibit B; and (b) access to and use of common areas, conference rooms, reception areas, and
meeting areas. To the extent other law enforcement agencies who partner with County desire to
occupy a cubicle in the Work Space, Licensee and County shall negotiate with such agency to
allow such occupation of space.
2. License Duration and Renewals: This License Agreement shall commence on
October 1, 2023 and end at the close of business on September 30, 2024 (the "Term"). This
License Agreement may be renewed for additional Terms commencing on October 1 and
concluding on September 30 of the following calendar year ("Renewal Term") by a mutually
executed writing. Either party may terminate this License Agreement early, for any reason, with
ninety(90) days written notice to the other parry.
LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN POLICE
DEPARTMENT—PAGE 1
II. LICENSEE'S OBLIGATIONS
I. Promulgation of Rules: Licensee agrees to follow any and all mutually agreed
upon rules and regulations as established by Licensee and County that are applicable to the Work
Space.
2. Condition of Work Space: Licensee agrees to accept the Work Space in an "AS
IS" condition.
3. Permitted Use: Licensee shall use the Work Space primarily for serving victims of
domestic violence, stalking, elder abuse, child abuse and/or sexual assault ("Victims"). Without
limiting the foregoing,Licensee shall operate the Work Space and go about providing Victim services
in compliance with all applicable governmental laws, regulations, and ordinances, all as may be
amended from time to time. Licensee may install,with the written consent of County,which may not
be unreasonably withheld, such Trade Fixtures and equipment as may be necessary in order to provide
the victim services for which Licensee is responsible. For purposes of this License Agreement, a
"Trade Fixture"is defined as furniture, fixtures,and equipment used by the Licensee in the conduct of
its business and includes items such as, but not limited to, shelves, examination tables, medical
equipment mounted to floors and walls,and reception counters.
4. Limitations on Use: Licensee shall not use the Work Space or the Property in any
manner that will constitute waste, nuisance, or unreasonable annoyance (including, without
limitation, the use of loudspeakers or sound or light apparatus that may be heard or seen outside
the Work Space) to other Licensees, other occupants of the Property, or owners or occupants of
adjacent properties. Licensee shall not do anything in or about the Work Space that will cause
damage to the Property. Licensee shall not permit any unlawful occupation, business, or trade to
be conducted at the Property, or any use to be made thereof contrary to any applicable law,
ordinance, or regulation. Licensee agrees to handle all medical waste, if any, as required by
applicable law.
5. Licensee's Holdover: Should Licensee fail to vacate the Work Space at the
expiration of this License Agreement by lapse of time or otherwise,without the written consent of
County, such failure to vacate shall not be deemed to extend this License Agreement. Licensee
shall pay,upon demand,to County during any period while Licensee shall occupy the Work Space
after expiration of this License Agreement as liquidated damages, a sum equal to Fifty Dollars
($50.00)per day for each day of additional occupancy.
6. Insurance: The Licensee shall maintain an insurance policy (or policies) as
described in Exhibit A.
7. Repairs. Maintenance and Alterations: Licensee shall promptly notify the
County when it discovers any repairs are needed.
8. Repairs: Licensee covenants that upon return, the Work Space will be in the same
condition as originally received, reasonable wear and tear excepted. Repairs actually necessitated
LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN POLICE
DEPARTMENT—PAGE 2
by the Licensee's waste, disfigurement, or defacement, or repairs required by the removal of
alterations, improvements, or Trade Fixtures as provided for in Paragraph 3 of this License
Agreement, shall be made solely at the Licensee's expense. Any repairs done by Licensee shall be
done in a workmanlike manner and must comply with all applicable codes, ordinances, rules,
and regulations.
9. Failure to Repair, Maintain or Service: In the event that County shall fail or
refuse to make such repairs, perform such maintenance, provide such services, or to take any
other action required of County pursuant to this License Agreement, the Licensee shall give
County reasonable notice and time to cure. In the event that such failure or refusal prevents the
Licensee from occupying any or all of the Work Space, the Licensee may terminate this License
Agreement. In the event that this License Agreement is terminated during any Initial or Renewal
Period for which the Licensee has prepaid, County shall, within thirty (30) days from the date of
notification of termination by the Licensee, refund the full amount of any prepaid amount not
applied to the amount due for Licensee's actual occupancy of the Work Space.
10. Alterations and Improvements by Licensee: Except for installation of Trade
Fixtures, subsequent to the full execution of this License Agreement and during the Initial Period
of this License Agreement and any extension, the Licensee shall not make any alterations,
additions, or improvements to the Work Space without the prior written consent of County,which
shall be granted or denied in its sole discretion. Any and all alterations and improvements made
by the Licensee shall be made at the Licensee's sole expense. Upon termination of this License
Agreement, the Licensee shall have the option to remove said alterations and improvements made
by it, including Trade Fixtures, and the Licensee shall return the Work Space in as close to original
condition as possible, reasonable wear and tear excepted. Any alterations or improvements made
by the Licensee, including Trade Fixtures, not removed within a reasonable time after the
termination of this License Agreement, shall become the property of County. Any such alterations
performed by the Licensee, must be made in a workmanlike manner and must comply with all
applicable codes, ordinances, rules and regulations.
11. Fixtures Attached to the FACES Victim Center: All computer networks,
cables, fixtures and appurtenances at the time of licensing belong to Ada County and any
interference, removal, or tampering with of any of the networks, cables, fixtures and/or
appurtenances by Licensee without prior written approval from the County, may void the
Agreement in its entirety.
12. Control of Access: Licensee will have exclusive decision-making authority
regarding all entry and access into the Work Space. Licensee will consult with the Chief Operating
Officer of the FACES Victim Center in making its access determinations, but will have final
decision on any disputed access issues. County shall ensure that electronic and other access into
the Work Space is controlled and/or programed as specified by Licensee, and shall promptly make
requested changes. County, nor any other Licensee of the Property, shall not allow persons who
are not CJIS certified into Licensee's Work Space. Escort by CJIS certified personnel is required
for all non-certified persons making entry into Licensee's Work Space.
LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN POLICE
DEPARTMENT—PAGE 3
13. Reporting: Licensee is required to track and report quarterly to Ada County (a)
how many individuals/patients were served by their organization, as well as (b) how often each
individual/patient was served, and (c) what services each individual/patient received during their
visit. These metrics shall be provided to Ada County Representative,Whitney Faulkner, at the end
of business day on December 30, 2023, March 30, 2024, June 30, 2024, and September 30, 2024.
14. Parking: Each Licensee's Organization is responsible for its own parking.
Employees, interns, volunteers, or other staff members involved in the Licensee's Organization
are not entitled to a parking spot on the Victim Center's premises, and risk being towed if they
park without the proper authorization from Ada County.
15. Marketing of the FACES Victim Center: The parties will coordinate marketing
efforts relating to the FACES Victim Center. No parry shall refer to any other party in any press,
website, social media or marketing materials without express written permission from such party.
III. COUNTY'S OBLIGATIONS
1. Common Area Access: County will grant access to the Licensee for the Work
Space, common areas, conference rooms, reception areas, and meeting areas.
2. Repairs and Maintenance: County at all times during this License Agreement
shall cause the Work Space to be maintained in good condition and repair. County shall provide
for general maintenance of the Work Space. County shall in the performance of its obligation,
cause compliance with all standards established by the Joint Commission on Accreditation of
Healthcare Organizations (J.C.A.H.O.), if applicable.
3. Compliance with Laws: County warrants that, upon delivery, the Work Space
will be in good, clean condition and will comply with all laws, regulations or ordinances of any
applicable municipal, state, federal, or other public authority respecting such use as specified
above. Lack of compliance shall be an event of default and shall be grounds for termination of
this License Agreement.
4. Coordination of Efforts: County shall manage and operate the Property so as to
maximize the delivery of services to Victims.
5. Establishment of Rules: The County and Licensee shall establish such mutually
agreed upon rules and regulations as may, in their estimation, be necessary to effectively operate
the portion of the Property devoted to Victim services
6. Accessibility: The Work Space will meet or exceed standards for accessibility as
set out in the Americans With Disabilities Act, Public Law 101-336 and applicable regulations;
Uniform Building Code Chapter 11; and federal regulations applicable to the occupying agency.
LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN POLICE
DEPARTMENT—PAGE 4
IV. MISCELLANEOUS PROVISIONS
1. Mutual Indemnification: In the event County is alleged to be liable in any
manner, as a result of any tortious acts or omissions of Licensee, to the extent allowed by Article
VIII, Sections 3 and 4 of the Idaho Constitution and Idaho statutes, the Licensee shall indemnify
and hold the County, its agents and employees, harmless from and against all liability, claims,
loss, costs, and expenses arising out of, or resulting from such tortious acts or omissions of the
Licensee. In the event the County is alleged to be liable on account of alleged tortious acts,
omissions, or negligence, or all three (3), of the Licensee, the Licensee shall defend such
allegations through counsel agreed to by the County and the Licensee shall bear all costs, fees,
and expenses of such defense, including, but not limited to, all attorney fees and expenses, court
costs, and expert witness fees and expenses.
In the event Licensee is alleged to be liable in any manner, as a result of any tortious acts
or omissions of County, to the extent allowed by Article VIII, Sections 3 and 4 of the Idaho
Constitution and Idaho statutes, the County shall indemnify and hold the Licensee, its agents and
employees,harmless from and against all liability, claims, loss, costs, and expenses arising out of,
or resulting from such tortious acts or omissions of the County. In the event the Licensee is alleged
to be liable on account of alleged tortious acts, omissions, or negligence, or all three (3), of the
County,the County shall defend such allegations through counsel chosen by the Licensee, and the
County shall bear all costs, fees, and expenses of such defense, including, but not limited to, all
attorney fees and expenses, court costs, and expert witness fees and expenses.
In no event will the indemnification provisions herein alter the protections afforded and/or
defenses that may be available to the Licensee or County under the Idaho Tort Claims Act.
2. Fire or Damage:
A. Damage or Destruction Renders Work Space Unfit for Occupancy. If,
during the effective period of this License Agreement, the Work Space, or any portion
thereof, is destroyed or damaged by fire, water, wind, or any other cause not the fault of
the Licensee so as to render the Work Space unfit for occupancy by the Licensee, this
License Agreement shall be automatically terminated and at an end. The Licensee shall
immediately surrender the Work Space to County and shall be responsible for License
Fees only to the time of such surrender.
B. Prepaid Fees. In the event that this License Agreement is terminated as
the result of damage or destruction to the Work Space during any period of its term for
which the Licensee has prepaid rent, County shall, within thirty (30) days from the date
of notification of termination by the Licensee, refund the full amount of any prepaid
License Fees not applied to Licensee's actual occupancy of the Work Space.
3. Default: In the event that either Party shall default in the performance of any
material term, covenant, or condition of this License Agreement, the Parry not in default may, at
its option, terminate this License Agreement if the default is not cured. The Party alleging default
must provide written notice of said default, specifying the alleged default, and the receiving Party
LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN POLICE
DEPARTMENT—PAGE 5
shall have fifteen (15) business days to cure or shall immediately provide written documentation
that it is proceeding to cure the default in an expedited manner (e.g., working overtime, express
delivery, etc.). Should the Licensee be in default by surrendering occupancy of the Work Space
in some manner that violates the terms of the License Agreement, County may reenter the Work
Space without affecting its right of recovery of accrued payment therefore; provided, however,
County shall exercise due diligence to mitigate any and all future losses of rent or damages that
may result due to the failure of the Licensee to occupy the Work Space.
4. Personal Liability: It is agreed by and between the Parties that in no event shall
any official, officer, employee or agent of either the Licensee or County be in any way liable or
responsible for any covenant or agreement contained in this License Agreement, express or
implied, nor for any statement, representation or warranty made in or in any way connected with
this License Agreement or the Work Space. In particular, and without limitation of the foregoing,
no full-time or part-time official, employee, or agent of the Licensee or County shall have any
personal liability or responsibility under this License Agreement, and the sole responsibility and
liability for the performance of this License Agreement and all of the provisions and covenants
contained in this License Agreement shall rest in and be vested with the Licensee and County.
5. Relation of Parties: The Parties agree and acknowledge that neither shall be
considered the employer, agent,representative, or contractor of the other by reason of this License
Agreement.
6. Hazardous Substances: Without limiting the generality of any other provision of
this License, Licensee shall not cause or permit any hazardous or toxic substances to be used,
stored, generated on, transported over or disposed of on or in the Work Space in violation of any
laws. If hazardous or toxic substances are used, stored, generated on,transported over,or disposed
of on or in the Work Space in violation of any laws, or if the Work Space becomes
contaminated in any manner, in each case as a result of actions by Licensee, Licensee shall
indemnify,defend,and hold County harmless from any and all claims,damages, fines,judgments,
penalties, costs, liabilities or losses including, without limitation, the decrease in the value of the
Property, damages caused by loss or restriction of useable space or other damages caused by
adverse impact on marketing of the Property and any and all sums paid for settlement of claims
and attorneys' fees arising during or after the License Agreement is terminated or arising as
a result of that contamination by Licensee.
This indemnification includes, without limitation, any and all costs incurred resulting
from, arising out of or relating to site or any clean up, removal or restoration mandated by
federal,state or local agencies or political division or deemed desirable by County. All agreements
and indemnities contained in this Section shall be deemed to survive the expiration or other
termination of this License Agreement. Without limiting the foregoing, if Licensee causes or
permits the presence of any hazardous or toxic substances on the Property and that results in
a contamination, Licensee shall immediately notify County, and then Licensee, after first
obtaining County's approval for any remedial action, shall commence and diligently pursue to
completion all necessary remedial action.
LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN POLICE
DEPARTMENT—PAGE 6
7. Entry by County: Licensee shall permit County and its authorized employees
and representatives, to enter the Work Space at all reasonable times upon twenty-four (24)hours'
advance notice for the purpose of inspecting: (a) the Work Space; or (b) performing any work in
the Work Space. Notwithstanding the foregoing, County may immediately enter the Work Space
and make any necessary repairs thereto without prior notice in the event of an emergency involving
any casualty, hazard, illness, or potential danger to life or property. County shall not be liable in
any manner for any inconvenience, disturbance, loss of business, nuisance, or other damage in
connection with County's entry on the Work Space except damage resulting from wrongful
acts or omissions of County or its authorized representatives occurring during such entry.
8. Notices:
A. Any notice required to be sent by the Licensee shall be sent to Whitney
Faulkner, Ada County Representative and Ada County Deputy Prosecutor, 200 W. Front
Street, Boise, Idaho 83702.
B. Any notice to Licensee shall be sent to: Meridian Police Department,
attention: Chief of Police, 33 E. Broadway Ave., Meridian, Idaho 83642
C. In the event of a change of address by County or the Licensee, County and
Licensee agree to notify each other in writing within ten (10) days of the date of any such
change.
9. Heirs and Assigns: The terms of this License Agreement shall apply to the heirs,
executors, administrators, successors, and assigns of both County and the Licensee in like manner
as to the original Parties.
10. Assignment: This License Agreement is based on subjective choices requiring
mutual cooperation made by both Parties and other licensees of the Property concerning the
delivery of services to Victims. As a result, Licensee shall not voluntarily, or by operation of
law, license, assign, pledge, mortgage or otherwise transfer or encumber this License or the
Work Space without the prior written consent of County, which consent may be withheld,
conditioned or delayed at its sole discretion. Any license, assignment, pledge, mortgage, or other
transfer or encumbrance occurring by operation of law without County's consent shall be voidable
and, at County's election, shall constitute immediate grounds for termination of this License
Agreement. No consent to any license, assignment, pledge, mortgage, or other transfer or
encumbrance by County in one instance shall constitute a future waiver of the provisions of this
Article.
11. Nonwaiver: The failure of either Party to insist upon strict performance of any of the
covenants and agreements of this License Agreement or to exercise any option contained in this
License Agreement shall not be construed as a waiver or relinquishment of any such covenant or
agreement,but the same shall be and will remain in full force and effect unless such waiver is evidenced
by the prior written consent of authorized representatives of County and the Licensee.
LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN POLICE
DEPARTMENT—PAGE 7
12. Independent Contractor: Nothing in this License Agreement shall be construed
to create an employment, agency, joint venture, or partnership relationship between the Parties.
The relationship between County and Licensee is and shall remain that of independent Parties to
a contractual relationship as set forth in this License Agreement. No Parry is authorized or
permitted to act as an agent or employee of the other Party.
13. Governing Law: This License Agreement shall be constructed and enforced in
accordance with, and governed by, the laws of the State of Idaho, without regard to conflicts of
laws principles. Any action relating to this License Agreement must be filed in the Fourth Judicial
District in Boise, Idaho.
14. Headings: The section headings and the table of contents contained herein are
for reference purposes only and shall not in any way affect the meaning or interpretation of this
License Agreement.
15. Entire License: No Modifications: This License Agreement and the Exhibits
attached hereto constitute all agreements,promises terms,conditions or understandings, either oral
or written,between the parties hereto with respect to the Work Space. No modification, waiver or
amendment of this License Agreement or of any of its conditions or provisions shall be binding
upon County or Licensee unless such modification,waiver or amendment is in writing and signed
by both Parties.
16. Time of Essence: Time is of the essence of each provision of this License
Agreement.
17. Construction: When required by the context of this License Agreement, the
singular shall include the plural.
18. Severability: If any term, agreement or condition of this License Agreement or the
application of any term,condition or agreement to any person or circumstances shall,to any extent,
be invalid or unenforceable by law, the remainder of this License Agreement or any other
application of the term, agreement or condition shall be valid and enforced to the fullest.
19. Force Majeure: Any prevention, delay or stoppage due to strikes, lockouts, labor
disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore,
governmental controls, judicial orders, enemy or hostile governmental action, civil commotion,
fire or other casualty, and other causes beyond the reasonable control of the Party obligated to
perform, shall excuse the performance by such for a period equal to any such prevention, delay, or
stoppage, except the obligation imposed with regard to Rent and other charges to be paid by
Licensee pursuant to this License Agreement.
20. Asbestos and Health Hazards: In the event that asbestos or another health hazard
is discovered in the Work Space and if the Licensee is unable to continue occupancy of the Work
Space due to the presence of asbestos or any other health hazard, or because of any governmental,
legislative, judicial, or administrative act, rule, decision, or regulation, this License Agreement
may be terminated by the Licensee upon ten (10) days' written notice to County.
LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN POLICE
DEPARTMENT—PAGE 8
21. Nondiscrimination: In the event County provides any services such as janitorial
service to the Licensee, County hereby agrees to provide these services funded through or affected
by this License Agreement in accordance with all applicable State and Federal nondiscrimination
laws.
22. Material Representations: The Parties agree and acknowledge that the
representations, warrantees, and acknowledgments made in this License Agreement are material
and the Parties have relied upon them in entering this License Agreement.
23. Authorized Signatories: Each individual executing this License Agreement on
behalf of an entity represents and warrants that he or she is duly authorized to execute and deliver
this License Agreement on behalf of said entity in accordance with duly adopted organizational
documents and,if appropriate,a resolution of the entity,and that this License Agreement is binding
upon said entity in accordance with its terms.
IN WITNESS WHEREOF,the Parties have executed this License Agreement as set forth
above on this day of 12023.
Board of Ada County Commissioners
By:
Rod Beck, Commissioner
By:
Ryan Davidson, Commissioner
By:
Thomas Dayley, Commissioner
ATTEST:
Trent Tripple, Ada County Clerk
LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN POLICE
DEPARTMENT—PAGE 9
Licensee: The City of Meridian
By:
Mayor Robert E. Simison 12-19-2023
ATTEST:
Chris Johnson, City Clerk
12-19-2023
LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN POLICE
DEPARTMENT—PAGE 10
EXHIBIT A
INSURANCE REQUIREMENTS
A. County grants Licensee the right to self-insure all or part of the insurance
requirements. By requiring insurance herein, County does not represent that coverage and limits
are necessarily adequate to protect Licensee and such coverage and limits shall not be deemed as
a limitation on Licensee's or County's liability under the mutual indemnities granted under this
Agreement. County acknowledges that Licensee is a governmental entity with statutory limits of
liability governed by the Idaho Torts Claim Act.
B. Provided, if Licensee does not exercise its right to fully self-insure, Licensee shall
provide written certification that it has purchased commercial insurance policies sufficient to
cover the statutory limits set forth in the Idaho Torts Claim Act. Said certification shall be
provided to County within thirty(30) days after the effective date of the renewal.
LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN POLICE
DEPARTMENT —EXHIBIT A
EXHIBIT B
WORK SPACE DESCRIPTION AND FLOORMAP (SEE ATTACHED)
One (1) cubicle
LICENSE AGREEMENT BETWEEN ADA COUNTY AND THE MERIDIAN POLICE
DEPARTMENT—EXHIBIT B
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AGENDA ITEM
ITEM TOPIC: Acceptance of Donations of Real Property from the Martin L. Hill Trust and
DWT Investments, LLC to expand Hillsdale Park
(� E N
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Work Session Agenda
From: William L. M. Nary, City Attorney and Meeting Date: December 19, 2023
Steve Siddoway, Parks & Recreation
Director
Topic: Accept Donations of Real Property to Expand Hillsdale Park
Recommended Council Action:
It is recommended that the City Council: (1) accept two generous donations of real property from
the Martin L. Hill Trust ("Trust") and DWT Investments LLC ("DWT") that will enable the City to
expand Hillsdale Park; (2) authorize staff to proceed with a property boundary adjustment to
facilitate the donations; and (3) authorize the Mayor to execute all related documents.
Background:
The City owns and operates Hillsdale Park,which is located at 3801 E. Hill Park Street. The land
for the park was donated by Marti Hill, a long-time Meridian resident who lives next to the park.
Mr. Hill's grandfather homesteaded the property in 1891.
Mr. Hill, via the Trust, now wishes to donate approximately 0.6 acres of additional property ("Hill
Property") to the City to facilitate the expansion of Hillsdale Park.Additionally,the property
owner to the north of Hillsdale Park, DWT, wishes to donate approximately 0.2 acres of property
("DWT Property") to the City for park purposes. The Hill Property and DWT Property are shown
on the attached map.
In order to facilitate the proposed donations, the Trust, DWT, and the City would process a
property boundary adjustment to add the donated property to the Hillsdale Park parcel,which is
identified as "Parcel B" on the attached map.
The Parks and Recreation Department would likely request funding in the Fiscal Year 2025 budget
to improve the donated property for park purposes. It is anticipated that these improvements
would be funded with development impact fees.
Attachment: Map
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AGENDA ITEM
ITEM TOPIC: Master Services and Purchasing Agreement between Axon Enterprise, Inc.
and City of Meridian and Quote for Hardware, Software, Services, and Warranties for a Not-To-
Exceed Amount of$4,488,035.93 with $287,778.93 for Fiscal Year 2024 and the remainder
evenly paid out at $640,051.40 for five consecutive fiscal years (FY25-FY29)
C��fIEN
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Emily Kane, Deputy City Attorney Meeting Date: December 19, 2023
Presenter: Lt. Brandon Frasier, Meridian Police Department Estimated Time: .5 minutes
Master Services and Purchasing Agreement between Axon Enterprise, Inc. and City of
Meridian and Quote for Hardware, Software, Services, and Warranties for a Not-To-Exceed
Topic: Amount of$4,488,035.93 with $287,778.93 for FY24 and the remainder evenly paid out at
$640,051.40 for five consecutive years (FY25-FY29).
Recommended Council Action:
Approve Master Services and Purchasing Agreement and Quote for Mayor's signature.
Background:
This Master Agreement establishes terms and conditions for Axon's delivery of hardware, software, services,
and warranties to Meridian Police Department through 2028. The Quote provides a consolidated enumeration
of the specific hardware,software, services,and warranties that Axon will deliver.
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Exceptions to Standard Terms and Conditions
Agency has existing contract(s) 00016937, 00082387, and 00089814 originated via Quote(s): Q-159683, Q-4
Agency is terminating those contracts effective 03/01/2024. Any change in this date will result in modification
which may result in additional fees or credits due to or from Axon.
The parties agree that Axon is applying a Net Transfer Credit of ($109,200.81) to the quote for paid but unde
Any credits contained in this quote are contingent upon payment in full of any invoices created by these contr
12/31/2023, including but not limited to INUS175150.
Signature Date Signed
11/17/2023
Page 16
Page 17
`A A X O Master Services and Purchasing Agreement for Agency
This Master Services and Purchasing Agreement("Agreement")is between Axon Enterprise, Inc. ("Axon"), and
the agency listed below or, if no agency is listed below, the agency on the Quote attached hereto ("Agency"). This
Agreement is effective as of the later of the (a) last signature date on this Agreement or(b)signature date on the Quote
("Effective Date"). Axon and Agency are each a "Party" and collectively "Parties". This Agreement governs Agency's
purchase and use of the Axon Devices and Services detailed in the Quote Appendix ("Quote"). It is the intent of the
Parties that this Agreement will govern all subsequent purchases by Agency for the same Axon Devices and Services in
the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by
reference as a Quote. The Parties agree as follows:
1. Definitions.
1.1. "Axon Cloud Services" means Axon's web services for Axon Evidence,Axon Records,Axon Dispatch, and
interactions between Axon Evidence and Axon Devices or Axon client software.Axon Cloud Service excludes
third-party applications, hardware warranties, and my.evidence.com.
1.2. "Axon Device" means all hardware provided by Axon under this Agreement.Axon-manufactured Devices are
a subset of Axon Devices.
1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices.
Any inconsistent or supplemental terms within Agency's purchase order in response to a Quote will be void.
Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change
charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in
any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors.
1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud
Services, and professional services.
2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or
have been terminated ("Term").
2.1. All subscriptions including Axon Evidence,Axon Fleet, Officer Safety Plans,Technology Assurance Plans, and
TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon
completion of the subscription stated in the Quote ("Subscription Term").
2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5
years ("Renewal Term"). For purchase of TASER 7 or TASER 10 as a standalone,Axon may increase pricing
to its then-current list pricing for any Renewal Term. For all other purchases,Axon may increase pricing on all
line items in the Quote by up to 3% at the beginning of each year of the Renewal Term. New devices and
services may require additional terms.Axon will not authorize services until Axon receives a signed Quote or
accepts a purchase order,whichever is first.
3. Payment.Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is
due net 30 days from the invoice date. Payment obligations are non-cancelable. Unless otherwise prohibited by law,
Agency will pay interest on all past-due sums at the lower of one-and-a-half percent(1.5%) per month or the highest
rate allowed by law. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due
account to collections,Agency is responsible for collection and attorneys'fees.
4. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a
valid tax exemption certificate.
5. Shipping.Axon may make partial shipments and ship Axon Devices from multiple locations.All shipments are EXW
(Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon Axon's delivery to the common
carrier.Agency is responsible for any shipping charges in the Quote.
6. Returns.All sales are final.Axon does not allow refunds or exchanges, except warranty returns or as provided by
state or federal law.
7. Warranty.
7.1. Limited Warranty.Axon warrants that Axon-manufactured Devices are free from defects in workmanship and
materials for one (1) year from the date of Agency's receipt, except Signal Sidearm and Axon-manufactured
accessories, which Axon warrants for thirty (30) months and ninety (90) days, respectively, from the date of
Agency's receipt. Used conducted energy weapon ("CEW")cartridges are deemed to have operated properly.
Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended
warranty term.
7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any
kind, either express or implied, including without limitation the implied warranties of merchantability,
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 19.1
Release Date: 10/31/2023 Page 1 of 31
`A AXON Master Services and Purchasing Agreement for Agency
fitness for a particular purpose and non-infringement. Axon Devices and Services that are not
manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon's
warranty and are only subject to the warranties of the third-party provider or manufacturer.
7.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term,
Axon's sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-
manufactured Device, at Axon's option. A replacement Axon-manufactured Device will be new or like new.
Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of
the original Axon-manufactured Device or(b) ninety (90)days from the date of repair or replacement.
7.3.1.If Agency exchanges an Axon Device or part, the replacement item becomes Agency's property, and
the replaced item becomes Axon's property. Before delivering an Axon-manufactured Device for
service, Agency must upload Axon-manufactured Device data to Axon Evidence or download it and
retain a copy. Axon is not responsible for any loss of software, data, or other information contained in
storage media or any part of the Axon-manufactured Device sent to Axon for service.
7.4. Spare Axon Devices.At Axon's reasonable discretion,Axon may provide Agency a predetermined number of
spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to
replace broken or non-functioning units while Agency submits the broken or non-functioning units, through
Axon's warranty return process.Axon will repair or replace the unit with a replacement Axon Device. Title and
risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section
5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the
intended purpose.
7.5. Limitations. Axon's warranty excludes damage related to: (a) failure to follow Axon Device use instructions;
(b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or
intentional damage to Axon Device; (d)force majeure; (e)Axon Devices repaired or modified by persons other
than Axon without Axon's written permission; or (f)Axon Devices with a defaced or removed serial number.
Axon's warranty will be void if Agency resells Axon Devices.
7.5.1.To the extent permitted by law, the above warranties and remedies are exclusive. Axon
disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or
implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties
are limited to the duration of the warranty described above and by the provisions in this
Agreement. Agency confirms and agrees that, in deciding whether to sign this Agreement, it
has not relied on any statement or representation by Axon or anyone acting on behalf of Axon
related to the subject matter of this Agreement that is not in this Agreement.
7.5.2.Axon's cumulative liability to any party for any loss or damage resulting from any claim,
demand, or action arising out of or relating to any Axon Device or Service will not exceed the
purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such
Services over the twelve(12) months preceding the claim. Neither Party will be liable for direct,
special, indirect, incidental, punitive or consequential damages, however caused,whether for
breach of warranty or contract, negligence,strict liability, tort or any other legal theory.
7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is
governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/saIes-
terms-and-conditions.
7.7. Third-Party Software and Services. Use of software or services other than those provided by Axon is
governed by the terms, if any, entered into between Agency and the respective third-party provider, including,
without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-
and-conditions, if any.
7.8. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products and
services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency expressly
waives and releases any and all claims, now known or hereafter known, against Axon and its officers,directors,
employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but
not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the
Axon Aid program whether arising out of the negligence of any Releasees or otherwise.Agency agrees not to
make or bring any such claim against any Releasee, and forever release and discharge all Releasees from
liability under such claims.Agency expressly allows Axon to publicly announce its participation in Axon Aid and
use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately
upon notice to the Agency.
8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services,
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 19.1
Release Date: 10/31/2023 Page 2 of 31
`A A X O Master Services and Purchasing Agreement for Agency
and Axon Fleet, may require a Statement of Work that details Axon's Service deliverables("SOW"). In the event Axon
provides an SOW to Agency, Axon is only responsible for the performance of Services described in the SOW.
Additional services are out of scope. The Parties must document scope changes in a written and signed change
order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this
Agreement by reference.
9. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
10. Design Changes.Axon may make design changes to any Axon Device or Service without notifying Agency or making
the same change to Axon Devices and Services previously purchased by Agency.
11. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency's
purchase.Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of
availability or Agency's election not to utilize any portion of an Axon bundle.
12. Insurance.Axon will maintain General Liability, Workers' Compensation, and Automobile Liability insurance. Upon
request,Axon will supply certificates of insurance.
13. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and
suggestions to Axon, including all related intellectual property rights.Agency will not cause any Axon proprietary rights
to be violated.
14. IP Indemnification.Axon will indemnify Agency against all claims, losses, and reasonable expenses from any third-
party claim alleging that the use of Axon-manufactured Devices or Services infringes or misappropriates the third-
party's intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to
Axon the defense or settlement of such claim at Axon's expense and cooperate fully with Axon in the defense or
settlement of such claim.Axon's IP indemnification obligations do not apply to claims based on (a) modification of
Axon-manufactured Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon-
manufactured Devices and Services in combination with hardware or services not approved by Axon; (c)use of Axon
Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most
current release provided by Axon.
15. Agency Responsibilities.Agency is responsible for(a)Agency's use of Axon Devices; (b)breach of this Agreement
or violation of applicable law by Agency or an Agency end user; (c)disputes between Agency and a third-party over
Agency's use of Axon Devices; (d) ensuring Axon Devices are destroyed and disposed of securely and sustainably
at Agency's cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon
Devices.
16. Termination.
16.1. For Breach.A Party may terminate this Agreement for cause if it provides thirty(30)days written notice of the
breach to the other Party, and the breach remains uncured at the end of thirty(30)days. If Agency terminates
this Agreement due to Axon's uncured breach,Axon will refund prepaid amounts on a prorated basis based on
the effective date of termination.
16.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees,Agency may
terminate this Agreement.Agency will deliver notice of termination under this section as soon as reasonably
practicable.
16.3. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency
remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon
Devices for less than the manufacturer's suggested retail price("MSRP")and this Agreement terminates before
the end of the Term,Axon will invoice Agency the difference between the MSRP for Axon Devices received,
including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-
appropriation, Agency may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the
standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the
standalone price of all individual components.
17. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the
nature of the information or circumstances surrounding disclosure, should reasonably be understood to be
confidential. Each Party will take reasonable measures to avoid disclosure,dissemination,or unauthorized use of the
other Party's Confidential Information. Unless required by law, neither Party will disclose the other Party's Confidential
Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is
Confidential Information and competition sensitive. If Agency receives a public records request to disclose Axon
Confidential Information,to the extent allowed by law,Agency will provide notice to Axon before disclosure.Axon may
publicly announce information related to this Agreement.
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 19.1
Release Date: 10/31/2023 Page 3 of 31
DocuSign Envelope ID:67437917-0580-4AF5-8C62-9FOA77715709
441& A XO N Master Services and Purchasing Agreement for Agency
18. General.
18.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party's
reasonable control.
18.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind
the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or
employment relationship between the Parties.
18.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
18.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race;
religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical
conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national
origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal
law.
18.5. Export Compliance. Each Party will comply with all import and export control laws and regulations.
18.6. Assignment. Neither Party may assign this Agreement without the other Party's prior written consent.Axon
may assign this Agreement, its rights, or obligations without consent: (a)to an affiliate or subsidiary; or(b)for
purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.
This Agreement is binding upon the Parties respective successors and assigns.
18.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver
of that right.
18.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable,
the remaining portions of this Agreement will remain in effect.
18.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings,
Indemnification, IP Rights, and Agency Responsibilities.
18.10.Governing Law. The laws of the country, state, province, or municipality where Agency is physically located,
without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United
Nations Convention for the International Sale of Goods does not apply to this Agreement.
18.11.Notices. All notices must be in English. Notices posted on Agency's Axon Evidence site are effective upon
posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective
immediately. Notices to Agency shall be provided to the address on file with Axon. Notices to Axon shall be
provided to Axon Enterprise, Inc.,Attn: Legal, 17800 North 85th Street, Scottsdale,Arizona 85255 with a copy
to legal@axon.com.
18.12 Entire Agreement.This Agreement,the Appendices, including any applicable Appendices not attached herein
for the products and services purchased, which are incorporated by reference and located in the Master
Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions,Quote and
any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior
agreements or understandings,whether written or verbal, regarding the subject matter of this Agreement.This
Agreement may only be modified or amended in a writing signed by the Parties.
Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and
delivered this Agreement as of the date of signature.
AXON: AGENCY:
Axon Enterprise, Inc. City of Meridian
D. Sig.ed by:
Signature: —'J55 Signature:
Name:
Robert E. Driscoll , Jr. Name: Robert E. Slmison
Title: VP, Assoc. General Counsel Title: Mayor
Date: 12/14/2023 1 8:39 AM MST Date: 12-19-2023
Attest
Chris Johnson,City Clerk 12-19-2023
Version: 19.1
Release Date: 10/31/2023
Title: Master Services and Purchasing Agreement between Axon and Agency Page 4 of 31
Department: Legal
AXONMaster Services and PurchasingAgreement for Agency
9 9 Y
Axon Cloud Services Terms of Use Appendix
1. Definitions.
a. "Agency Content" is data uploaded into, ingested by, or created in Axon Cloud Services within
Agency's tenant, including media or multimedia uploaded into Axon Cloud Services by Agency.Agency
Content includes Evidence but excludes Non-Content Data.
b. "Evidence" is media or multimedia uploaded into Axon Evidence as'evidence' by an Agency. Evidence
is a subset of Agency Content.
c. "Non-Content Data" is data, configuration, and usage information about Agency's Axon Cloud Services
tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon
Devices. Non-Content Data includes data about users captured during account management and
customer support activities. Non-Content Data does not include Agency Content.
d. "Personal Data" means any information relating to an identified or identifiable natural person. An
identifiable natural person is one who can be identified,directly or indirectly, in particular by reference to
an identifier such as a name, an identification number, location data, an online identifier or to one or
more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity
of that natural person.
2. Access. Upon Axon granting Agency a subscription to Axon Cloud Services,Agency may access and use Axon
Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote
specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite,
Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data
("TASER Data").Agency may not upload non-TASER Data to Axon Evidence Lite.
3. Agency Owns Agency Content.Agency controls and owns all right,title,and interest in Agency Content. Except
as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon's business
records.Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content.Axon will
only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon
access to Agency Content to(a)perform troubleshooting, maintenance,or diagnostic screenings;and (b)enforce
this Agreement or policies governing use of the Axon products.
4. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content
against accidental or unlawful loss,access or disclosure.Axon will maintain a comprehensive information security
program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability,
risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence;
security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice
Information Services Security Addendum.
5. Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring
no Agency Content or Agency end user's use of Agency Content or Axon Cloud Services violates this Agreement
or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon
Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will
immediately terminate that end user's access to Axon Cloud Services.
a. Agency will also maintain the security of end usernames and passwords and security and access by end
users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon
Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or
sublicense access to any other entity or person. Agency shall contact Axon immediately if an
unauthorized party may be using Agency's account or Agency Content, or if account information is lost
or stolen.
b. To the extent Agency uses the Axon Cloud Services to interact with YouTube(D, such use may be
governed by the YouTube Terms of Service, available at
https://www.youtube.com/static?template=terms.
6. Privacy. Agency's use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current
version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy.Agency agrees to allow
Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 19.1
Release Date: 10/31/2023 Page 5 of 31
AXONMaster Services and PurchasingAgreement for Agency
9 9 Y
screenings; (b) provide, develop, improve, and support current and future Axon products and related services;
and (c)enforce this Agreement or policies governing the use of Axon products.
7. Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where
GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators
can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency
chooses to use this service,Axon must also enable the usage of the feature for Agency's Axon Cloud Services
tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for
Agency's Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-
Content and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook")to facilitate the Wi-Fi Positioning
functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is
subject to the Skyhook Services Privacy Policy.
8. Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon
Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge
Agency additional fees for exceeding purchased storage amounts.Axon may place Agency Content that Agency
has not viewed or accessed for six (6) months into archival storage. Agency Content in archival storage will not
have immediate availability and may take up to twenty-four(24) hours to access.
For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a
valid Axon's Evidence.com user license; (ii) is limited to data of the law enforcement agency that purchased the
Third-Party Unlimited Storage and the Axon's Evidence.com end user or Agency is prohibited from storing data
for other law enforcement agencies; and (iii)Agency may only upload and store data that is directly related to:
(1)the investigation of, or the prosecution of a crime; (2) common law enforcement activities; or(3)any Agency
Content created by Axon Devices or Evidence.com.
9. Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage. Axon will
determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will
ensure all Agency Content stored in Axon Cloud Services remains within the United States.Ownership of Agency
Content remains with Agency.
10. Suspension.Axon may temporarily suspend Agency's or any end user's right to access or use any portion or all
of Axon Cloud Services immediately upon notice, if Agency or end user's use of or registration for Axon Cloud
Services may(a)pose a security risk to Axon Cloud Services or any third-party; (b)adversely impact Axon Cloud
Services, the systems, or content of any other customer; (c)subject Axon,Axon's affiliates, or any third-party to
liability; or(d) be fraudulent.Agency remains responsible for all fees incurred through suspension.Axon will not
delete Agency Content because of suspension, except as specified in this Agreement.
11. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors
before Agency uploads data to Axon Cloud Services.
12. Axon Records.Axon Records is the software-as-a-service product that is generally available at the time Agency
purchases an OSP 7 or OSP 10 bundle. During Agency's Axon Records Subscription Term, if any, Agency will
be entitled to receive Axon's Update and Upgrade releases on an if-and-when available basis.
a. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription
as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 bundle, upon completion
of the OSP 7 or OSP 10 Term ("Axon Records Subscription")
b. An "Update" is a generally available release of Axon Records that Axon makes available from time to
time.An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality,
as solely determined by Axon; and/or(ii) new versions of Axon Records that provide additional features
or perform additional functions. Upgrades exclude new products that Axon introduces and markets as
distinct products or applications.
c. New or additional Axon products and applications, as well as any Axon professional services needed to
configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled
offering, the Axon Record subscription begins on the later of the (1)start date of that bundled offering,
or(2)date Axon provisions Axon Records to Agency.
d. Users of Axon Records at the Agency may upload files to entities(incidents, reports, cases, etc)in Axon
Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing,Axon
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may limit usage should the Agency exceed an average rate of one-hundred (100)GB per user per year
of uploaded files.Axon will not bill for overages.
13. Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents,
officers, volunteers, and directors), may not, or may not attempt to:
a. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
b. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any
source code included in Axon Cloud Services, or allow others to do the same;
c. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or
exceeding usage limits or quotas;
d. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this
Agreement;
e. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or
graphics of Axon Cloud Services;
f. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and
trademark notices)of Axon's or Axon's licensors on or within Axon Cloud Services; or
g. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material;
material in violation of third-party privacy rights; or malicious code.
14. After Termination.Axon will not delete Agency Content for ninety (90)days following termination. There will be
no functionality of Axon Cloud Services during these ninety (90) days other than the ability to retrieve Agency
Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services
during this time. Axon has no obligation to maintain or provide Agency Content after these ninety (90)days and
will thereafter, unless legally prohibited,delete all Agency Content. Upon request,Axon will provide written proof
that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services.
15. Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval
assistance that Axon generally makes available to all customers. Requests for Axon to provide additional
assistance in downloading or transferring Agency Content, including requests for Axon's data egress service,will
result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.
16. U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a
U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer
software," "commercial computer software documentation," and "technical data", as defined in the Federal
Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud
Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are
inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services.
17. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency
Owns Agency Content, Privacy, Storage,Axon Cloud Services Warranty, and Axon Cloud Services Restrictions.
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Axon Customer Experience Improvement Program Appendix
1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon's
development of technology, such as building and supporting automated features, to ultimately increase safety within
communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below,
Axon, where allowed by law, may make limited use of Agency Content from all of its customers to provide, develop,
improve, and support current and future Axon products(collectively, "ACEIP Purposes"). However, at all times,Axon
will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a
comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice
Information), privacy program, and data governance policy, including high industry standards of de-identifying
Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier
1 and Tier 2. By default,Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP
Tier 1,Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below,Agency
can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2,Agency should leave
box unchecked.At any time,Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.
2. ACEIP Tier 1.
2.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may
store separately copies of certain segments or elements of the Agency Content(collectively,"ACEIP Content").
When extracting ACEIP Content,Axon will use commercially reasonable efforts to aggregate,transform or de-
identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being
associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy
Preserving Technique(s)"). For illustrative purposes,some examples are described in footnote 11. For clarity,
ACEIP Content will still be linked indirectly,with an attribution, to the Agency from which it was extracted. This
attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable
Axon to identify and delete all ACEIP Content upon Agency request. Once de-identified,ACEIP Content may
then be further modified, analyzed, and used to create derivative works.At any time,Agency may revoke the
consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of
receiving the Agency's request,Axon will no longer access or use Agency Content for ACEIP Purposes and
will delete any and all ACEIP Content.Axon will also delete any derivative works which may reasonably be
capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if
Axon uses Agency Content for the ACEIP Purposes, upon request,Axon will make available to Agency a list
of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and
the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the
Agency Content or ACEIP Content ("Use Case"). From time to time,Axon may develop and deploy new Use
Cases.At least 30 days prior to authorizing the deployment of any new Use Case,Axon will provide Agency
notice(by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism
to obtain notice of that update or another commercially reasonable method to Agency designated contact)
("New Use Case").
2.2. Expiration of ACEIP Tier 1.Agency consent granted herein will expire upon termination of the Agreement. In
accordance with section 1.1.1,within 30 days of receiving the Agency's request,Axon will no longer access or
use Agency Content for ACEIP Purposes and will delete ACEIP Content.Axon will also delete any derivative
works which may reasonably be capable of being associated with, or could reasonably be linked directly or
indirectly to,Agency.
3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon's services, Agency may
choose to participate in Tier 2 of the ACEIP.ACEIP Tier 2 grants Axon certain additional rights to use Agency Content,
in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique
For example;(a)when extracting specific text to improve automated transcription capabilities,text that could be used to directly identify
a particular individual would not be extracted,and extracted text would be disassociated from identifying metadata of any speakers,and
the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to
remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b)when extracting license
plate data to improve Automated License Plate Recognition(ALPR)capabilities, individual license plate characters would be extracted
and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source
video,such as the vehicle,location,time,and the surrounding environment would also be removed;(c)when extracting audio of potential
acoustic events(such as glass breaking or gun shots), very short segments(<1 second)of audio that only contains the likely acoustic
events would be extracted and all human utterances would be removed.
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to enable product development, improvement, and support that cannot be accomplished with aggregated,
transformed, or de-identified data.
❑ Check this box if Agency wants to help further improve Axon's services by participating in ACEIP Tier 2 in addition to
Tier 1. Axon will not enroll Agency into ACEIP Tier 2 until Axon and Agency agree to terms in writing providing for such
participation in ACEIP Tier 2.
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Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.
1. Utilization of Services.Agency must use professional services as outlined in the Quote and this Appendix within six
(6) months of the Effective Date.
2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and
configuration support and up to four (4) consecutive days of on-site service and a professional services manager to
work with Agency to assess Agency's deployment and determine which on-site services are appropriate. If Agency
requires more than four (4) consecutive on-site days, Agency must purchase additional days. Axon Full Service
options include:
System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable)
• Configure categories and custom roles based on Agency need
• Register cameras to Agency domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock")access
• One on-site session included
Dock configuration
• Work with Agency to decide the ideal location of Docks and set configurations on Dock
• Authenticate Dock with Axon Evidence using admin credentials from Agency
• On-site assistance, not to include physical mounting of docks
Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices based
on Axon's observations with other agencies
• Discuss the importance of entering metadata in the field for organization purposes and other best
practices for digital data management
• Provide referrals of other agencies using the Axon camera devices and Axon Evidence
• Recommend rollout plan based on review of shift schedules
System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories&
retention, and other specific settings for Axon Evidence
Axon instructor training (Train the Trainer)
Training for Agency's in-house instructors who can support Agency's Axon camera and Axon Evidence training
needs after Axon has fulfilled its contractual on-site obligations
Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting
agencies
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use,Axon Evidence, and Evidence Sync
Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and
categories & roles guide
Post go-live review
3. Body-Worn Camera Starter Service (Axon Starter).Axon Starter includes advance remote project planning and
configuration support and one (1) day of on-site Services and a professional services manager to work closely with
Agency to assess Agency's deployment and determine which Services are appropriate. If Agency requires more than
one (1)day of on-site Services,Agency must purchase additional on-site Services. The Axon Starter options include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smart hones if applicable)
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• Configure categories &custom roles based on Agency need
• Troubleshoot IT issues with Axon Evidence and Dock access
Dock configuration
• Work with Agency to decide the ideal location of Dock setup and set configurations on Dock
• Authenticate Dock with Axon Evidence using "Administrator" credentials from Agency
• Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Agency's in-house instructors who can support Agency's Axon camera and Axon Evidence training
needs after Axon's has fulfilled its contracted on-site obligations
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use,Axon Evidence, and Evidence Sync
Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and
categories& roles guide
4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter
Service Package, except one (1)day of on-site services.
5. CEW Services Packages. CEW Services Packages are detailed below:
System set up and configuration
• Configure Axon Evidence categories & custom roles based on Agency need.
• Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full Service Package: On-site assistance included
• For the CEW Starter Package: Virtual assistance included
Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout(Project Manager). Ideally, Project
Manager will be assigned to Agency 4-6 weeks before rollout
Best practice implementation planning session to include:
• Provide considerations for the establishment of CEW policy and system operations best practices based
on Axon's observations with other agencies
• Discuss the importance of entering metadata and best practices for digital data management
• Provide referrals to other agencies using TASER CEWs and Axon Evidence
• For the CEW Full Service Package: On-site assistance included
• For the CEW Starter Package: Virtual assistance included
System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Agency's configuration of security, roles
& permissions, categories& retention, and other specific settings for Axon Evidence
Axon Evidence Instructor training
• Provide training on the Axon Evidence to educate instructors who can support Agency's subsequent Axon
Evidence training needs.
• For the CEW Full Service Package: Training for up to 3 individuals at Agency
• For the CEW Starter Package: Training for up to 1 individual at Agency
TASER CEW inspection and device assignment
Axon's on-site professional services team will perform functions check on all new TASER CEW Smart weapons
and assign them to a user on Axon Evidence.
Post go-live review
For the CEW Full Service Package: On-site assistance included.
For the CEW Starter Package: Virtual assistance included.
6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:
Archival of CEW Firing Logs
Axon's on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW
Smart Weapons that Agency is replacing with newer Smart Weapon models.
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Return of Old Weapons
Axon's on-site professional service team will ship all old weapons back to Axon's headquarters.
Axon will provide Agency with a Certificate of Destruction
*Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of
1-Day Device Specific Instructor Course.
7. VR Services Package.VR Service includes advance remote project planning and configuration support and one (1)
day of on-site service and a professional services manager to work with Agency to assess Agency's deployment and
determine which Services are appropriate. The VR Service training options include:
System set up and configuration(Remote Support)
• Instructor-led setup of Axon VR headset content
• Configure agency settings based on Agency need
• Troubleshoot IT issues with Axon VR headset
Axon instructor training(Train the Trainer)
Training for up to five(5)Agency's in-house instructors who can support Agency's Axon VR CET and SIM
training needs after Axon's has fulfilled its contracted on-site obligations
Classroom and practical training sessions
Step-by-step explanation and assistance for Agency's configuration of Axon VR CET and SIM functionality,
basic operation, and best practices
8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration
support and one (1) day of on-site Services and a professional services manager to work closely with Agency to
assess Agency's deployment and determine which Services are appropriate. If Agency's requires more than one (1)
day of on-site Services, Agency must purchase additional on-site Services. The Axon Air, On-Site training options
include:
System set up and configuration(Remote Support)
• Instructor-led setup of Axon Air App (ASDS)
• Configure agency settings based on Agency need
• Configure drone controller
• Troubleshoot IT issues with Axon Evidence
Axon instructor training(Train the Trainer)
Training for Agency's in-house instructors who can support Agency's Axon Air and Axon Evidence
training needs after Axon's has fulfilled its contracted on-site obligations
Classroom and practical training sessions
Step-by-step explanation and assistance for Agency's configuration of Axon Respond+ livestreaming
functionality, basic operation, and best practices
9. Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package,
except the practical training session,with the Axon Instructor training for up to four hours virtually.
10. Signal Sidearm Installation Service.
a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one
professional services manager and will provide train the trainer instruction,with direct assistance on the
first of each unique holster/mounting type.Agency is responsible for providing a suitable work/training
area.
b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the
basics of installation and device calibration.
11. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and
this Appendix.Any additional professional services are out of scope. The Parties must document scope changes in
a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
12. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays.
Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon
personnel to Agency premises as work hours.
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13. Access Computer Systems to Perform Services.Agency authorizes Axon to access relevant Agency computers
and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable
resources and information Axon expects to use and will provide an initial itemized list to Agency.Agency is responsible
for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy,
completeness, and consistency of all data, materials, and information supplied by Agency.
14. Site Preparation.Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices
("User Documentation"). User Documentation will include all required environmental specifications for the
professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of
Axon Devices(whether performed by Agency or Axon),Agency must prepare the location(s)where Axon Devices are
to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation.
Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon
modifies Axon Device User Documentation for any Axon Devices under this Agreement,Axon will provide the update
to Agency when Axon generally releases it
15. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance
Form")to Agency.Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes
Axon did not complete the professional services in substantial conformance with this Agreement,Agency must notify
Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance
Form.Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the
signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of
the Acceptance Form,Axon will deem Agency to have accepted the professional services.
16. Agency Network. For work performed by Axon transiting or making use of Agency's network, Agency is solely
responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or
corruption of Agency's network from any cause.
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Technology Assurance Plan Appendix
If Technology Assurance Plan ("TAP")or a bundle including TAP is on the Quote, this appendix applies.
1. TAP Warranty.The TAP warranty is an extended warranty that starts at the end of the one-(1-)year hardware limited
warranty.
2. Officer Safety Plan. If Agency purchases an Officer Safety Plan ("OSP"), Agency will receive the deliverables
detailed in the Quote.Agency must accept delivery of the TASER CEW and accessories as soon as available from
Axon.
3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP Term").
4. TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP,Axon will provide Agency
a new Axon body-worn camera ("BWC Upgrade") as scheduled in the Quote. If Agency purchased TAP,Axon will
provide a BWC Upgrade that is the same or like Axon Device, at Axon's option.Axon makes no guarantee the BWC
Upgrade will utilize the same accessories or Axon Dock.
5. TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP,Axon will provide Agency
a new Axon Dock as scheduled in the Quote ("Dock Upgrade").Accessories associated with any Dock Upgrades
are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless
a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the
Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon's option. If Agency
originally purchased a multi-bay Axon Dock,the Dock Upgrade will be a multi-bay Axon Dock that is the same or like
Axon Device, at Axon's option.
6. Upgrade Delay.Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation
from Agency unless the Parties agree in writing otherwise at least ninety (90) days in advance.Axon may ship the
final BWC and Dock Upgrade as scheduled in the Quote sixty (60) days before the end of the Subscription Term
without prior confirmation from Agency.
7. Upgrade Change. If Agency wants to upgrade Axon Device models from the current Axon Device to an upgraded
Axon Device,Agency must pay the price difference between the MSRP for the current Axon Device and the MSRP
for the upgraded Axon Device. If the model Agency desires has an MSRP less than the MSRP of the offered BWC
Upgrade or Dock Upgrade,Axon will not provide a refund.The MSRP is the MSRP in effect at the time of the upgrade.
8. Return of Original Axon Device. Within thirty(30)days of receiving a BWC or Dock Upgrade,Agency must return
the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon
including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices,
Axon will deactivate the serial numbers for the Axon Devices received by Agency.
9. Termination. If Agency's payment for TAP, OSP,or Axon Evidence is more than thirty(30)days past due,Axon may
terminate TAP or OSP. Once TAP or OSP terminates for any reason:
9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.
9.2. Axon will not and has no obligation to provide the Upgrade Models.
9.3. Agency must make any missed payments due to the termination before Agency may purchase any future TAP
or OSP.
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TASER 10 Appendix
This TASER 10 Appendix applies to Agency's TASER 10, OSP 10, OSP Plus, or OSP 10 Plus Premium purchase from
Axon, if applicable.
1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan",Agency must
purchase the plan for each CEW user.A CEW user includes officers that use a CEW in the line of duty and those that
only use a CEW for training.Agency may not resell cartridges received.Axon will only replace cartridges used in the
line of duty.
2. Training. If the Quote includes a training voucher,Agency must use the voucher within one (1)year of issuance, or
the voucher will be void.Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription
Term.The voucher has no cash value.Agency cannot exchange it for another device or service. Unless stated in the
Quote, the voucher does not include travel expenses and will be Agency's responsibility. If the Quote includes Axon
Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training
Content"),Agency may access Training Content.Axon will deliver all Training Content electronically.
3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty
will be for a five-(5-)year term,which includes the hardware manufacturer's warranty plus the four-(4-)year extended
term.
4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that
discount may only be applied as a trade-in credit,and Agency must return used hardware and accessories associated
with the discount("Trade-In Units")to Axon.Agency must ship batteries via ground shipping.Axon will pay shipping
costs of the return. If Axon does not receive Trade-In Units within the timeframe below,Axon will invoice Agency the
value of the trade-in credit.Agency may not destroy Trade-In Units and receive a trade-in credit.
Agency Size Days to Return from Start Date of TASER 10 Subscription
Less than 100 officers 60 days
100 to 499 officers 90 days
500+ officers 180 days
5. TASER 10 Subscription Term. The TASER 10 Subscription Term for a standalone TASER 10 purchase begins on
shipment of the TASER 10 hardware.The TASER 10 Subscription Term for OSP 10 begins on the OSP 10 start date.
6. Access Rights. Upon Axon granting Agency a TASER 10 Axon Evidence subscription,Agency may access and use
Axon Evidence for the storage and management of data from TASER 10 CEW devices during the TASER 10
Subscription Term.Agency may not exceed the number of end users the Quote specifies.
7. Agency Warranty, If Agency is located in the US, Agency warrants and acknowledges that TASER 10 is classified
as a firearm and is being acquired for official Agency use pursuant to a law enforcement agency transfer under the
Gun Control Act of 1968.
8. Purchase Order. To comply with applicable laws and regulations, Agency must provide a purchase order to Axon
prior to shipment of TASER 10.
9. Apollo Grant(US only). If Agency has received an Apollo Grant from Axon,Agency must pay all fees in the Quote
prior to upgrading to any new TASER CEW offered by Axon.
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Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.
1. Scope.Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency's
Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows end users to auto-
populate Axon video meta-data with a case ID, category, and location-based on data maintained in Agency's CAD or
RMS.
2. Support. For thirty(30)days after completing Auto-Tagging Services,Axon will provide up to five(5)hours of remote
support at no additional charge.Axon will provide free support due to a change in Axon Evidence, if Agency maintains
an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because
Agency changes its CAD or RMS.
3. Changes.Axon is only responsible to perform the Services in this Appendix.Any additional Services are out of scope.
The Parties must document scope changes in a written and signed change order. Changes may require an equitable
adjustment in fees or schedule.
4. Agency Responsibilities.Axon's performance of Auto-Tagging Services requires Agency to:
4.1. Make available relevant systems, including Agency's current CAD or RMS,for assessment by Axon (including
remote access if possible);
4.2. Make required modifications, upgrades or alterations to Agency's hardware, facilities, systems and networks
related to Axon's performance of Auto-Tagging Services;
4.3. Provide access to the premises where Axon is performing Auto-Tagging Services,subject to Agency safety and
security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to
perform Auto-Tagging Services;
4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration)
necessary for Axon to provide Auto-Tagging Services;
4.5. Promptly install and implement any software updates provided by Axon;
4.6. Ensure that all appropriate data backups are performed;
4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8. Provide Axon with remote access to Agency's Axon Evidence account when required;
4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency;
and
4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and
up-to-date documentation and information to Axon.
5. Access to Systems.Agency authorizes Axon to access Agency's relevant computers, network systems, and CAD
or RMS solely for performing Auto-Tagging Services.Axon will work diligently to identify the resources and information
Axon expects to use and will provide an initial list to Agency.Agency is responsible for and assumes the risk of any
problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency
of all data, materials, and information supplied by Agency.
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Axon Fleet Appendix
If Axon Fleet is included on the Quote, this Appendix applies.
1. Agency Responsibilities.
1.1. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet
2 or Axon Fleet 3 (collectively, "Axon Fleet") as established by Axon during the qualifier call and on-site
assessment at Agency and in any technical qualifying questions. If Agency's representations are inaccurate,the
Quote is subject to change.
1.2. Agency is responsible for providing a suitable work area for Axon or Axon third-party providers to install Axon
Fleet systems into Agency vehicles.Agency is responsible for making available all vehicles for which installation
services were purchased, during the agreed upon onsite installation dates, Failure to make vehicles available
may require an equitable adjustment in fees or schedule.
2. Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager,Agency will comply with Cradlepoint's end
user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If
Agency requires Cradlepoint support,Agency will contact Cradlepoint directly.
3. Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if
such failure results from installation not performed by, or as directed by Axon.
4. Wireless Offload Server.
4.1. License Grant.Axon grants Agency a non-exclusive, royalty-free,worldwide, perpetual license to use Wireless
Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data
communication with Axon Devices for the number of licenses purchased.The WOS term begins upon the start
of the Axon Evidence Subscription.
4.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b)
reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or
allow others to do so; (c)access or use WOS to avoid incurring fees or exceeding usage limits; (d)copy WOS
in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS;
(g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS;
or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and
trademark notices)of Axon or Axon's licensors on or within WOS.
4.3. Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS
("WOS Updates") available electronically via the Internet or media as determined by Axon. Agency is
responsible for establishing and maintaining adequate Internet access to receive WOS Updates and
maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.
4.4. WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency's store and forward
servers solely for troubleshooting and maintenance.
5. Axon Vehicle Software.
5.1. License Grant.Axon grants Agency a non-exclusive, royalty-free,worldwide, perpetual license to use ViewXL
or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing, loading, installing, or executing
Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term
begins upon the start of the Axon Evidence Subscription.
5.2. Restrictions.Agency may not: (a)modify, alter,tamper with, repair,or create derivative works of Axon Vehicle
Software; (b)reverse engineer,disassemble,or decompile Axon Vehicle Software,apply any process to derive
the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software
to avoid incurring fees or exceeding usage limits; (d)copy Axon Vehicle Software in whole or part; (e)use trade
secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle
Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features,
functions or graphics of Axon Vehicle Software;or(h)remove,alter or obscure any confidentiality or proprietary
rights notices(including copyright and trademark notices)of Axon or Axon's licensors on or within Axon Vehicle
Software.
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6. Acceptance Checklist. If Axon provides services to Agency pursuant to any statement of work in connection with
Axon Fleet,within seven (7)days of the date on which Agency retrieves Agency's vehicle(s)from the Axon installer,
said vehicle having been installed and configured with tested and fully and properly operational in-car hardware and
software identified above, Agency will receive a Professional Services Acceptance Checklist to submit to Axon
indicating acceptance or denial of said deliverables.
7. Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the "Fleet Technology
Assurance Plan" (Fleet TAP),Axon will provide Agency with the same or like model of Fleet hardware ("Axon Fleet
Upgrade")as scheduled on the Quote.
7.1. If Agency would like to change models for the Axon Fleet Upgrade,Agency must pay the difference between
the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP
in effect at the time of the upgrade.Agency is responsible for the removal of previously installed hardware and
installation of the Axon Fleet Upgrade.
7.2. Within thirty (30) days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to
Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of
the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will
deactivate the serial numbers for the Axon Devices received by Agency.
8. Axon Fleet Termination.Axon may terminate Agency's Fleet subscription for non-payment. Upon any termination:
8.1. Axon Fleet subscription coverage terminates, and no refunds will be given.
8.2. Axon will not and has no obligation to provide the Axon Fleet Upgrade.
8.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed
to purchase any future Fleet TAP.
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Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote.
1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon
Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions
Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription
begins the later of the (1)date Axon provisions Axon Respond to Agency, or(2)first day of the month following the
Effective Date.The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription
associated with Axon Respond.
2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness
during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon
Respond outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency's Axon
Respond to better meet Agency's needs.
3. Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn
camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is
unavailable. LTE coverage is only available in the United States, including any U.S. territories.Axon may utilize a
carrier of Axon's choice to provide LTE service. Axon may change LTE carriers during the Term without Agency's
consent.
4. Axon Fleet 3 LTE Requirements.Axon Respond is only available and usable with a Fleet 3 system configured with
LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability
of LTE service is subject to Agency's LTE carrier.
5. Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the
operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a)facilities
limitations; (b)transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely
affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage
in a service area, and other causes reasonably outside of the carrier's control such as intentional or negligent acts of
third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades,
relocations, repairs, and other similar activities necessary for the proper or improved operation of service.
5.1. With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties
or representations as to the availability or quality of roaming service provided by carrier partners,and the carrier
will not be liable in any capacity for any errors,outages,or failures of carrier partner networks.Agency expressly
understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service
provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between
Axon and the underlying carrier.
6. Termination. Upon termination of this Agreement,or if Agency stops paying forAxon Respond or bundles that include
Axon Respond,Axon will end Axon Respond services, including any Axon-provided LTE service.
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Add-on Services Appendix
This Appendix applies if Axon Community Request,Axon Redaction Assistant, and/or Axon Performance are included on
the Quote.
1. Subscription Term. If Agency purchases Axon Community Request, Axon Redaction Assistant, or Axon
Performance as part of OSP 7 or OSP 10, the subscription begins on the later of the (1)start date of the OSP 7 or
OSP 10 Term,or(2)date Axon provisions Axon Community Request Axon Redaction Assistant,orAxon Performance
to Agency.
1.1. If Agency purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as a
standalone, the subscription begins the later of the (1)date Axon provisions Axon Community Request,Axon
Redaction Assistant,or Axon Performance to Agency,or(2)first day of the month following the Effective Date.
1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add-
on.
2. Axon Community Request Storage. For Axon Community Request,Agency may store an unlimited amount of data
submitted through the public portal ("Portal Content"),within Agency's Axon Evidence instance.The post-termination
provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.
3. Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency,Axon will need
to store call for service data from Agency's CAD or RMS.
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Axon Auto-Transcribe Appendix
This Appendix applies if Axon Auto-Transcribe is included on the Quote.
1. Subscription Term. If Agency purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud Services
subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Cloud Services license
term, or (2) date Axon provisions Axon Auto-Transcribe to Agency. If Agency purchases Axon Auto-Transcribe
minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto-Transcribe to Agency.
1.1. If Agency cancels Auto-Transcribe services, any amounts owed by the Parties will be based on the amount of
time passed under the annual subscription, rather than on the number of minutes used, regardless of usage.
2. Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Agency a set number of minutes, Agency may utilize
Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote.Agency will not have the ability to roll
over unused minutes to future Auto-Transcribe terms. Axon may charge Agency additional fees for exceeding the
number of purchased minutes.Axon Auto-Transcribe minutes expire one year after being provisioned to Agency by
Axon.
3. Axon Unlimited Transcribe. Upon Axon granting Agency an Unlimited Transcribe subscription to Axon Auto-
Transcribe, Agency may utilize Axon Auto-Transcribe with no limit on the number of minutes. Unlimited Transcribe
includes automatic transcription of all Axon BWC and Axon Capture footage. With regard to Axon Interview Room,
Axon Fleet,Axon Citizen, or third-party transcription, transcription must be requested on demand. Notwithstanding
the foregoing,Axon may limit usage after 5,000 minutes per user per month for multiple months in a row.Axon will
not bill for overages.
4. Warranty.Axon disclaims all warranties, express or implied, for Axon Auto-Transcribe.
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Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.
1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software,
and contents thereof, provided by Axon to Agency related to virtual reality (collectively, "Virtual Reality Media").
2. Headsets. Agency may purchase additional virtual reality headsets from Axon. In the event Agency decides to
purchase additional virtual reality headsets for use with Virtual Reality Media,Agency must purchase those headsets
from Axon.
3. License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this
Agreement. If Agency utilizes more users than stated in this Agreement, Agency must purchase additional Virtual
Reality Media licenses from Axon.Agency may not use Virtual Reality Media for any purpose other than as expressly
permitted by this Agreement.Agency may not:
3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;
3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source
code of Virtual Reality Media, or allow others to do the same;
3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;
3.4. use trade secret information contained in Virtual Reality Media;
3.5. resell, rent, loan or sublicense Virtual Reality Media;
3.6. access Virtual Reality Media to build a competitive device orservice or copy any features,functions,orgraphics
of Virtual Reality Media; or
3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark
notices)of Axon or Axon's licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.
4. Privacy. Agency's use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current
version of which is available at https://www.axon.com/axonvrprivacypolicy.
5. Termination.Axon may terminate Agency's license immediately for Agency's failure to comply with any of the terms
in this Agreement.
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Axon Application Programming Interface Appendix
This Appendix applies if Axon's API Services are included on the Quote.
1. Definitions.
1.1. "API Client" means the software that acts as the interface between Agency's computer and the server,which
is already developed or to be developed by Agency.
1.2. "API Interface" means software implemented by Agency to configure Agency's independent API Client
Software to operate in conjunction with the API Service for Agency's authorized Use.
1.3. "Axon Evidence Partner API,API or Axon API"(collectively"API Service")means Axon's API which provides
a programmatic means to access data in Agency's Axon Evidence account or integrate Agency's Axon
Evidence account with other systems.
1.4. "Use" means any operation on Agency's data enabled by the supported API functionality.
2. Purpose and License.
2.1. Agency may use API Service and data made available through API Service, in connection with an API Client
developed by Agency.Axon may monitor Agency's use of API Service to ensure quality, improve Axon devices
and services, and verify compliance with this Agreement.Agency agrees to not interfere with such monitoring
or obscure from Axon Agency's use of API Service.Agency will not use API Service for commercial use.
2.2. Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and
license during the Term to use API Service, solely for Agency's Use in connection with Agency's API Client.
2.3. Axon reserves the right to set limitations on Agency's use of the API Service, such as a quota on operations,
to ensure stability and availability of Axon's API.Axon will use reasonable efforts to accommodate use beyond
the designated limits.
3. Configuration. Agency will work independently to configure Agency's API Client with API Service for Agency's
applicable Use. Agency will be required to provide certain information (such as identification or contact details) as
part of the registration. Registration information provided to Axon must be accurate.Agency will inform Axon promptly
of any updates. Upon Agency's registration,Axon will provide documentation outlining API Service information.
4. Agency Responsibilities. When using API Service,Agency and its end users may not:
4.1. use API Service in any way other than as expressly permitted under this Agreement;
4.2. use in any way that results in, or could result in, any security breach to Axon;
4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any
items of a destructive nature to Axon Devices and Services;
4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks
providing API Service;
4.5. reverse engineer,decompile, disassemble,or translate or attempt to extract the source code from API Service
or any related software;
4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;
4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals
or entities to create links to API Service;
4.8. frame or mirror API Service on any other server, or wireless or Internet-based device;
4.9. make available to a third-party, any token, key, password or other login credentials to API Service;
4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or
4.11. disclose Axon's API manual.
5. API Content. All content related to API Service, other than Agency Content or Agency's API Client content, is
considered Axon's API Content, including:
5.1. the design, structure and naming of API Service fields in all responses and requests;
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5.2. the resources available within API Service for which Agency takes actions on,such as evidence, cases, users,
or reports;
5.3. the structure of and relationship of API Service resources; and
5.4. the design of API Service, in any part or as a whole.
6. Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface
to:
6.1. scrape, build databases,or otherwise create permanent copies of such content,or keep cached copies longer
than permitted by the cache header;
6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or
sublicense to any third-party;
6.3. misrepresent the source or ownership; or
6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark
notices).
7. API Updates.Axon may update or modify the API Service from time to time ("API Update").Agency is required to
implement and use the most current version of API Service and to make any applicable changes to Agency's API
Client required as a result of such API Update.API Updates may adversely affect how Agency's API Client access or
communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API
Client to the most current version of API Service.Axon will provide support for one (1)year following the release of
an API Update for all depreciated API Service versions.
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Axon Channel Services Appendix
This Appendix applies if Agency purchases Axon Channel Service, as set forth on the Quote.
1. Definitions.
1.1. "Axon Digital Evidence Management System" means Axon Evidence or Axon Evidence Local, as specified
in the attached Channel Services Statement of Work.
1.2. "Active Channel" means a third-party system that is continuously communicating with an Axon Digital
Evidence Management System.
1.3. "Inactive Channel" means a third-party system that will have a one-time communication to an Axon Digital
Evidence Management System.
2. Scope.Agency currently has a third-party system or data repository from which Agency desires to share data with
Axon Digital Evidence Management.Axon will facilitate the transfer of Agency's third-party data into an Axon Digital
Evidence Management System or the transfer of Agency data out of an Axon Digital Evidence Management System
as defined in the Channel Services Statement of Work("Channel Services SOW"). Channel Services will not delete
any Agency Content. Agency is responsible for verifying all necessary data is migrated correctly and retained per
Agency policy.
3. Changes.Axon is only responsible to perform the Services described in this Appendix and Channel Services SOW.
Any additional services are out of scope. The Parties must document scope changes in a written and signed change
order. Changes may require an equitable adjustment in the charges or schedule.
4. Purpose and Use.Agency is responsible for verifying Agency has the right to share data from and provide access
to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For
Active Channels,Agency is responsible for any changes to a third-party system that may affect the functionality of
the channel service.Any additional work required for the continuation of the Service may require additional fees.An
Axon Field Engineer may require access to Agency's network and systems to perform the Services described in the
Channel Services SOW. Agency is responsible for facilitating this access per all laws and policies applicable to
Agency.
5. Proiect Management.Axon will assign a Project Manager to work closely with Agency's project manager and project
team members and will be responsible for completing the tasks required to meet all contract deliverables on time and
budget.
6. Warranty.Axon warrants that it will perform the Channel Services in a good and workmanlike manner.
7. Monitoring. Axon may monitor Agency's use of Channel Services to ensure quality, improve Axon devices and
services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement.
Agency agrees not to interfere with such monitoring or obscure from Axon Agency's use of channel services.
8. Agency's Responsibilities.Axon's successful performance of the Channel Services requires Agency:
8.1. Make available its relevant systems for assessment by Axon (including making these systems available to
Axon via remote access);
8.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety
and security restrictions imposed by the Agency (including providing security passes or other necessary
documentation to Axon representatives performing the Channel Services permitting them to enter and exit
Agency premises with laptop personal computers and any other materials needed to perform the Channel
Services);
8.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network
configuration)for Axon to provide the Channel Services;
8.4. Ensure all appropriate data backups are performed;
8.5. Provide Axon with remote access to the Agency's network and third-party systems when required for Axon to
perform the Channel Services;
8.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services;
and
8.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel,system administrators,
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and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon
(these contacts are to provide background information and clarification of information required to perform the
Channel Services).
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My90 Terms of Use Appendix
Definitions.
1.1. "My90" means Axon's proprietary platform and methodology to obtain and analyze feedback, and other
related offerings, including,without limitation, interactions between My90 and Axon products.
1.2. "Recipient Contact Information" means contact information, as applicable, including phone number or
email address (if available)of the individual whom Agency would like to obtain feedback.
1.3. "Agency Data" means
1.3.1."My90 Agency Content" which means data, including Recipient Contact Information, provided to
My90 directly by Agency or at their direction, or by permitting My90 to access or connect to an
information system or similar technology. My90 Agency Content does not include My90 Non-
Content Data.
1.3.2."My90 Non-Content Data"which means data,configuration,and usage information about Agency's
My90 tenant, and client software, users, and survey recipients that is Processed (as defined in
Section 1.6 of this Appendix) when using My90 or responding to a My90 Survey. My90 Non-
Content Data includes data about users and survey recipients captured during account
management and customer support activities. My90 Non-Content Data does not include My90
Agency Content.
1.3.3."Survey Response"which means survey recipients' response to My90 Survey.
1.4. "My90 Data" means
1.4.1."My90 Survey"which means surveys, material(s)or content(s) made available by Axon to Agency
and survey recipients within My90.
1.4.2."Aggregated Survey Response" which means Survey Response that has been de-identified and
aggregated or transformed so that it is no longer reasonably capable of being associated with, or
could reasonably be linked directly or indirectly to, a particular individual.
1.5. "Personal Data" means any information relating to an identified or identifiable natural person. An
identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to
an identifier such as a name, an identification number, location data, an online identifier or to one or more
factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that
natural person.
1.6. "Processing" means any operation or set of operations which is performed on data or on sets of data,
whether or not by automated means, such as collection, recording, organization, structuring, storage,
adaptation or alteration, retrieval, consultation, use,disclosure by transmission,dissemination or otherwise
making available, alignment or combination, restriction, erasure, or destruction.
1.7. "Sensitive Personal Data" means Personal Data that reveals an individual's health, racial or ethnic origin,
sexual orientation, disability, religious or philosophical beliefs, or trade union membership.
2. Access. Upon Axon granting Agency a subscription to My90, Agency may access and use My90 to store and
manage My90 Agency Content,and applicable My90 Surveys and Aggregated Survey Responses.This Appendix
is subject to the Terms and Conditions of Axon's Master Service and Purchasing Agreement or in the event you
and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern.
3. IP address.Axon will not store survey respondents' IP address.
4. Agency Owns My90 Agency Content. Agency controls or owns all right, title, and interest in My90 Agency
Content. Except as outlined herein,Axon obtains no interest in My90 Agency Content, and My90 Agency Content
is not Axon's business records. Except as set forth in this Agreement, Agency is responsible for uploading,
sharing, managing, and deleting My90 Agency Content.Axon will only have access to My90 Agency Content for
the limited purposes set forth herein.Agency agrees to allow Axon access to My90 Agency Content to(a)perform
troubleshooting, maintenance,or diagnostic screenings; and (b)enforce this Agreement or policies governing use
of My90 and other Axon products.
5. Details of the Processing. The nature and purpose of the Processing under this Appendix are further specified
in Schedule 1 Details of the Processing, to this Appendix.
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 19.1
Release Date: 10/31/2023 Page 27 of 31
AXONMaster Services and PurchasingAgreement for Agency
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6. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Data
against accidental or unlawful loss,access,or disclosure.Axon will maintain a comprehensive information security
program to protect Agency Data including logical, physical access, vulnerability, risk, and configuration
management; incident monitoring and response; security education; and data protection. Axon will not treat
Agency Data in accordance with FBI CJIS Security Policy requirements and does not agree to the CJIS Security
Addendum for this engagement or any other security or privacy related commitments that have been established
between Axon and Agency, such as ISO 27001 certification or SOC 2 Reporting.
7. Privacy. Agency use of My90 is subject to the My90 Privacy Policy, a current version of which is available at
https://www.axon.com/1egal/my9OPrivacypolicy.Agency agrees to allow Axon access to My90 Non-Content Data
from Agency to(a)perform troubleshooting,maintenance,or diagnostic screenings;(b)provide,develop,improve,
and support current and future Axon products including My90 and related services;and(c)enforce this Agreement
or policies governing the use of My90 or other Axon products.
8. Location of Storage. Axon may transfer Agency Data to third-party subcontractors for Processing. Axon will
determine the locations for Processing of Agency Data. For all Agency,Axon will Process and store Agency Data
within the United States. Ownership of My90 Agency Content remains with Agency.
9. Required Disclosures. Axon will not disclose Agency Data that Agency shares with Axon except as compelled
by a court or administrative body or required by any law or regulation. Axon will notify Agency if any disclosure
request is received for Agency Data so Agency may file an objection with the court or administrative body, unless
prohibited by law.
10. Data Sharing. Axon may share data only with entities that control or are controlled by or under common control
of Axon, and as described below:
10.1. Axon may share Agency Data with third parties it employs to perform tasks on Axon's behalf to provide
products or services to Customer.
10.2. Axon may share Aggregated Survey Response with third parties, such as other Axon customers, local city
agencies, private companies,or members of the public that are seeking a way to collect analysis on general
policing and community trends. Aggregated Survey Response will not be reasonably capable of being
associated with or reasonably be linked directly or indirectly to a particular individual.
11. License and Intellectual Property.Agency grants Axon, its affiliates, and assignees the irrevocable, perpetual,
fully paid, royalty-free,and worldwide right and license to use Agency Data for internal use including but not limited
to analysis and creation of derivatives.Axon may not release Agency Data to any third party under this right that
is not aggregated and de-identified. Agency acknowledges that Agency will have no intellectual property right in
any media, good or service developed or improved by Axon. Agency acknowledges that Axon may make any
lawful use of My90 Data and any derivative of Agency Data including, without limitation, the right to monetize,
redistribute, make modification of, and make derivatives of the surveys, survey responses and associated data,
and Agency will have no intellectual property right in any good, service, media, or other product that uses My90
Data.
12. Agency Use of Aggregated Survey Response. Axon will make available to Agency Aggregated Survey
Response and rights to use for any Agency purpose.
13. Data Subject Rights. Taking into account the nature of the Processing,Axon shall assist Agency by appropriate
technical and organizational measures, insofar as this is reasonable, for the fulfilment of Agency's obligation to
respond to a Data Subject Request regarding any Personal Data contained within My90 Agency Content. If in
regard to My90 Agency Content, Axon receives a Data Subject Request from Agency's data subject to exercise
one or more of its rights under applicable Data Protection Law,Axon will redirect the data subject within seventy-
two (72) hours, to make its request directly to Agency. Agency will be responsible for responding to any such
request.
14. Assistance with Requests Related to MOO Agency Content. With regard to the processing of My90 Agency
Content, Axon shall, if not prohibited by applicable law, notify Agency without delay after receipt, if Axon: (a)
receives a request for information from the Supervisory Authority or any other competent authority regarding My90
Agency Content; (b) receives a complaint or request from a third party regarding the obligations of Agency or
Axon under applicable Data Protection Law; or(c) receives any other communication which directly or indirectly
pertains to My90 Agency Content or the Processing or protection of My90 Agency Content. Axon shall not
respond to such requests, complaints, or communications, unless Agency has given Axon written instructions to
that effect or if such is required under a statutory provision. In the latter case, prior to responding to the request,
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 19.1
Release Date: 10/31/2023 Page 28 of 31
AXON Master Services and PurchasingAgreement for Agency
9 9 Y
Axon shall notify Agency of the relevant statutory provision and Axon shall limit its response to what is necessary
to comply with the request.
15. Axon Evidence Partner Sharing. If Axon Evidence partner sharing is used to share My90 Agency Content,
Agency will manage the data sharing partnership with Axon and access to allow only for authorized data sharing
with Axon.Agency acknowledges that any applicable audit trail on the original source data will not include activities
and processing performed against the instances, copies or clips that has been shared with Axon. Agency also
acknowledges that the retention policy from the original source data is not applied to any data shared with Axon.
Except as provided herein, data shared with Axon may be retained indefinitely by Axon.
16. Data Retention. Phone numbers provided to Axon directly by Agency or at their direction, or by permitting My90
to access or connect to an information system or similar technology will be retained for twenty-four (24) hours.
Axon will not delete Aggregated Survey Response for four(4)years following termination of this Agreement.There
will be no functionality of My90 during these four (4) years other than the ability to submit a request to retrieve
Aggregated Survey Response.Axon has no obligation to maintain or provide Aggregated Survey Response after
these four years and may thereafter, unless legally prohibited, delete all Aggregated Survey Response.
17. Termination.Termination of an My90 Agreement will not result in the removal or modification of previously shared
My90 Agency Content or the potential monetization of Survey Response and Aggregated Survey Response.
18. Managing Data Shared.Agency is responsible for:
18.1. Ensuring My90 Agency Content is appropriate for use in My90. This includes, prior to sharing: (a)applying
any and all required redactions, clipping, removal of metadata, logs, etc. and (b) coordination with
applicable public disclosure officers and related legal teams;
18.2. Ensuring that only My90 Agency Content that is authorized to be shared for the purposes outlined is shared
with Axon. Agency will periodically monitor or audit this shared data;
18.3. Using an appropriately secure data transfer mechanism to provide My90 Agency Content to Axon;
18.4. Immediately notifying Axon if My90 Agency Content that is not authorized for sharing has been shared.
Axon may not be able to immediately retrieve or locate all instances, copies or clips of My90 Agency
Content in the event Agency requests to un-share previously shared My90 Agency Content;
19. Prior to enrollment in Mv90. Prior to enrolling in My90,Agency will:
19.1. determine how to use My90 in accordance with applicable laws and regulations including but not limited to
consents, use of info or other legal considerations;
19.2. develop a set of default qualification criteria of what My90 Agency Content may be shared with Axon; and
19.3. assign responsibilities for managing what My90 Agency Content is shared with Axon and educate users on
what data may or not be shared with Axon.
20. Agency Responsibilities.Agency is responsible for:
20.1. ensuring no My90 Agency Content or Agency end user's use of My90 Agency Content or My90 violates
this Agreement or applicable laws;
20.2. providing,and will continue to provide,all notices and has obtained, and will continue to obtain,all consents
and rights necessary under applicable laws for Axon to process Agency Data in accordance with this
Agreement; and
20.3. maintaining necessary computer equipment and Internet connections for use of My90. If Agency becomes
aware of any violation of this Agreement by an end user,Agency will immediately terminate that end user's
access to My90.Agency will also maintain the security of end usernames and passwords and security and
access by end users to My90 Agency Content. Agency is responsible for ensuring the configuration and
utilization of My90 meets applicable Agency regulations and standards. Agency may not sell, transfer, or
sublicense access to any other entity or person.Agency shall contact Axon immediately if an unauthorized
party may be using Agency's account or My90 Agency Content or if account information is lost or stolen.
21. Suspension.Axon may temporarily suspend Agency's or any end user's right to access or use any portion or all
of My90 immediately upon notice, if Agency or end user's use of or registration for My90 may(a) pose a security
risk to Axon products including My90, or any third-party; (b) adversely impact My90, the systems, or content of
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 19.1
Release Date: 10/31/2023 Page 29 of 31
AXONMaster Services and PurchasingAgreement for Agency
9 9 Y
any other customer; (c)subject Axon,Axon's affiliates, or any third-party to liability; or(d) be fraudulent. Agency
remains responsible for all fees, if applicable, incurred through suspension. Axon will not delete My90 Agency
Content or Aggregated Survey Response because of suspension, except as specified in this Agreement.
22. W90 Restrictions. Agency and Agency end users (including employees, contractors, agents, officers,
volunteers, and directors), may not, or may not attempt to:
22.1. copy, modify, tamper with, repair, or create derivative works of any part of My90;
22.2. reverse engineer, disassemble, or decompile My90 or apply any process to derive any source code
included in My90, or allow others to do the same;
22.3. access or use My90 with the intent to gain unauthorized access, avoid incurring fees or exceeding usage
limits or quotas;
22.4. use trade secret information contained in My90, except as expressly permitted in this Agreement;
22.5. access My90 to build a competitive product or service or copy any features,functions,or graphics of My90;
22.6. remove,alter,or obscure any confidentiality or proprietary rights notices(including copyright and trademark
notices)of Axon's or Axon's licensors on or within My90; or
22.7. use My90 to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit
material in violation of third-party privacy rights; or to store or transmit malicious code.
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 19.1
Release Date: 10/31/2023 Page 30 of 31
AXON Master Services and PurchasingAgreement for Agency
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Schedule 1- Details of the Processing
1. Nature and Purpose of the Processing. To help Agency obtain feedback from individuals, such as members of
their community, staff, or officers. Features of My90 may include:
1.1. Survey Tool where Agency may create, distribute, and analyze feedback from individuals it designates.
Agency may designate members of the community, staff or officers from whom they would like to obtain
feedback;
1.2. Creation of custom forms for surveys. Agency may select questions from a list of pre-drafted questions or
create their own;
1.3. Distribution of survey via multiple distribution channels such as text message;
1.4. Ability to access and analyze Survey Response. Axon may also provide Agency Aggregated Survey
Responses which contain analysis and insights from the Survey Response;
1.5. Direct integrations into information systems including Computer Aided Dispatch ("CAD"). This will enable
Agency to share contact information easily and quickly with Axon of any individuals from whom it wishes to
obtain feedback, enabling Axon to communicate directly with these individuals;
1.6. Data Dashboard Beta Test ("Data Dashboard") where Survey Response and Aggregated Survey
Response will be displayed for Agency use. Agency will be able to analyze, interpret, and share results of
the Survey Response. My90 may provide beta versions of the Data Dashboard that are specifically
designed for Agency to test before they are publicly available;
1.7. Survey Responses will be aggregated and de-identified and may be subsequently distributed and disclosed
through various mediums to: (1)Agency; (2)other Axon Agency; (3) private companies; and (4) members
of the public.The purpose of disclosure is to provide ongoing insights and comparisons on general policing
and community trends. Prior to disclosing this information,Axon will ensure that the Survey Response has
been de-identified and aggregated or transformed so that it is no longer reasonably capable of being
associated with, or could reasonably be linked directly or indirectly to a particular individual; and
1.8. Provide services and materials to engage Agency stakeholders, market the partnership to the public, and
facilitate training.
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 19.1
Release Date: 10/31/2023 Page 31 of 31
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Fiscal Year 2024 Net-Zero Budget Amendment for Idaho Transportation
Department Traffic Enforcement Grant
10/31/2023 6:13AM City of Meridian FY2024 Budget Amendment Form
Personnel Costs Full Time Equivalent(FTE):
Fund# Dept.# G/L# Proj.# G/L#Description Total f IDIAN —�-'
20 2123 41200 5008 Wages lc��
20 2123 41206 Sfl08 PT/Seasonal Wages
20 2123 41210 5008 Overtime $ 38,300 Please only complete the fields
20 2123 41304 5008 Uniform Allowance
20 2123 42021 500a FICA $ 2,930 Amendment Details
20 2123 42022 5008 PER$[ $ 4,573 Title: FY2024 Traffic Enforcement Grant
20 1 2123 42024 5008 Worker'sCcmp $ 1,197 Department Name: Police
20 1 2123 42025 5008 Employee Insurance $ Presenting Department Name: Police
Total Personnel Costs $ 47,000 Department#- 2123
Operating Expenditures Primary Funding Source: 20
Fund# Dept.# G/L# Proj.# G/L#Description One-Time ❑n-Going Total CIP#: n/a
20 2123 57202 5008 Travel Expenses $ 5,000 $ 51000 Project#: 5008
20 2123 57200 5008 Class Registration $ 3,000 $ 31000
20 2123 500E $ - Is this for an Emergency? Q Yes O No
20 2123 5008 $ New Level of Service? 13 Yes p No
20 2123 5008 $ -
20 2123 5008 $ - Clerks Office Stamp
20 2123 5008 $ -
20 2123 5008 $ -
20 2123 5008 $
20 2123 5008 $
20 2123 5008 $
20 2123 5008 $ -
20 2123 5008 1 $ -
Total Operating Expenditures $ 8,000 $ - $ 81000
Capital Outlay
Fund# Dept,# G/L# Proj.# G/L#Description Total Acknowledgement Date
20 2123 500E
20 2123 5009 1 1111123
20 2123 5008 De merit Director
20 2123 5008 jfields 11.1.23
20 2123 5008
20 2123 5008 Chief Financial Officer
Total Capital Outlay $ -
Revenue/Donations Approved Liz Strader via email 11.1.23
Fund# Dept.# G/L# Praj.# G/L#Description Total scup ci Daison J
20 2123 33100 5008 Grant Revenue $ 55,000
20 2123 5008 11-2-23
20 2123 $008 1Nayor
Total Revenue/Donations $ 55,000
Total Amendment Request $ (0)
City of Meridian FY2024 Budget Amendment Form C:LUsersltsmithlAppQaWLocal\MlcrosefhWindowsllNetCache\Content.autlool<WCLICNFM1FY2024 SudgetAmendment Form_PD_FY2024 Traffic Enforcement Grant
1
10/31/2023 5:13AM 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: Police
Funding 2024 2025 2026 2027 2028 Title: FY2024 Traffic Enforcement Grant
Personnel $ 47,000 $ $ - $ $ l n.[r Ti-r r•suerrrlUi.g u diet A—d—e—
Operating $ 8,000 $ - $ $ $ 7 Department will send amertdmerrt with Directors signature to Finance(Budget manager)for review
Capital $ - 7 nnanca win send Amendm t to council ualson for signature
Tota 1 $ $ 55,000 $ $ $ $ ?councI ualsan will sand s gned Amendment to Mayor
Total Estimated Project Cost: $ 55,000
7 Mayan wig send signed Amendment to Finance(Budget Manager)
Evaluation Questions ]Finance{audgpt Manager]war send approveq copy of amendment to pepartrn"[
Please answer all Evaluation Questions using the financial data referenced above. a Department will add copy of Amendmerrc to council Agenda using Mu nicocie Agenda Manager
1. Describe what is being requested?
Spend Authority of$55,000 for Grant award from ITD for Traffic Enforcement for Overtime of$47,000 and travel/training of$8,000. This grant has a 25%match from the City. This match can
be a comprised of Regular patrol hours dedicated and mileage dedicated to traffic e n fo rce m e rits and Officers'hours during Drug Recognition Expert(DRE)training. j
2. Why was this budget request not submitted during the current fiscal year budget cycle?
The grant aware]occurred after the FY24 budget cycle was comp€eted.
3. What is the exolanation for not submittin this budget request during the next fiscal wear budget cycle?
Grant award is for FY24-Oct 1-Sept 30,2024-and cannot wait until the next budget cycle without losing the grant funding 1
i
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
Grant funding from Office of Highway Safety through 1TD.
I
5.Does this rag nest a I i gn with the 0 ep artmen Cit rs strateg is p Ian? If not,please ex fain how this reg uest was not included in the Dep a rt m ent/C4 strate is p Ian?
Yes,Continue to provide public safety via enhanced traffic enforcements and additional DRE's on the Meridian Police Force.
1 A
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.
Na
7 Does this Amendment I n nerded E ui ment or Software that will utilize-the Ci or NQ1
8.Is the amendment going to result in the disposal of an asset?Nes or Na
9.Any additional comments? ---- ...- - -- - -
Total Amendment Request $ (0)
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 C:lUsersAsmithftpDaWl-ocallMicrosoftlWindow0NetCache%Content.Outlool<WSCU0NFMWY2024 Budg et Ame n dment Form_PD_FY2024 Traffic Enforcement Grant
�DAHO
�* *r Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT
z P.O. Box 7129 • Boise, ID 83707-1129
ayNq Q�� Your Economic Opportunity (208) 334-8000 • itd.idaho.gov
o9l46r�oN``!
October 9, 2023
Tara Smith, Sgt
Meridian Police Department
1401 E Watertower St
Meridian, ID 83642
RE: FORMAL AUTHORIZATION TO PROCEED
Dear Sgt Smith,
Enclosed is the final copy of the Meridian Police Department's Traffic Enforcement Section 402, Catalog Federal
Domestic Assistance (CFDA) 20.600, Traffic Safety Grant Number SPT2406, signed and approved by the Highway Safety
Manager. Please consider this your formal authorization to proceed with all grant activities effective October 9, 2023.
You are authorized reimbursement with Federal funds up to the dollar amount of$55,000 listed on the budget page of
the grant document and the Office of Highway Safety(OHS)Grant Reimbursement Claim Form ITD 669.
Please pay close attention to all objectives for this grant and submit your quarterly reports by the 151" of the month
following the end of each fiscal quarter beginning October 1, 2023. Submit your final report by October 15, 2024.
I am looking forward to working with you on this traffic safety grant and anticipate continued progress towards saving
lives and making Idaho's roads safer. If you have any questions, please contact Denise Dinnauer at
denise.dinnauer@itd.idaho.gov or 208-334-4460.
Sincerely,
?"%�y ,�Zl
Josephine Middleton
Highway Safety Manager
Cc:
Tracy Basterrechea
Brandon Frasier
Randy Goodspeed
Arnie Rose
Jenny Field
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Fiscal Year 2024 Budget Amendment in the amount of$1,100,000.00 for
Aquisition and Implementation of Human Resource Management System Software
C� fIERI I
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Debbie Hoopes Meeting Date: December 19,2023
Presenter: Debbie Hoopes; Christena Barney Estimated Time: 15 minutes
David Tiede; Todd Lavoie
Topic: Human Resources Management System (HRMS)
Recommended Council Action:
Support recommendation of budget amendment to increase expenditure spending authority by
$1,100,000 from fund balance for the one-time system implementation.
Objective:
Implement a long-term software solution for the City's use for at least the next 20 years to: Manage,
produce, and support human resource data management for our growing City; Deliver a solution
for HR and Employees to manage their Employee Benefits; Allow for the HR department to manage
the workflow of onboarding new employees; Provide a solution for employees and managers to
account for annual performance reviews; Provide a reliable and easy to use Timecard solution for
our growing City; Calculate accurate and timely payroll for our growing employee count; Establish
a solution that is flexible to handle various employee groups such as Fire Union members to Police
staff, and from General employees to a Seasonal labor force.
Background:
The Human Resources,Finance,and Information Technology Departments have been utilizing and
supporting different systems and integrations for 14-24 years (depending on the system). These
systems were initially implemented in 1999 (MIP) and 2009 (Sage Human Resource Management
System (HRMS), Timecard and Huckstep. Currently, Sage HRMS talks to Huckstep, Huckstep talks
to Timecard and MIP to produce payroll for City employees. Huckstep has not been supported
(company no longer in business) for the last five+years making it very difficult if not impossible to
make changes to that interface without risking errors on payroll. Additionally, the Sage HRMS
product the City utilizes is no longer supported and clients are moving to their Software as a
Service (SaaS) model.
For additional prospective, in 1999 the City had 134 budgeted employees, today we have 624
budgeted employees. That is a growth rate of 365%over 24 years.We need to plan for the next 20
years with tools that will allow the City to be resourceful and successful.
Knowing the systems would need to be replaced in the future, a team was formed three years ago
to vet out potential systems that could replace the HRMS, Timecard and Payroll systems. The
team consists of subject matter experts in payroll, human resources and information technology.
The team participated in 8 demonstrations of various systems prior to going out for an RFP to
obtain information prior to requesting initial funding, most of which would not meet the City's
growing needs for the next 20 years. One of the demonstrations was provided by the company
Namely that had the potential to meet the needs of the City. During conversations between the
City and Namely, the estimated costs that were provided to the City was a $10,000
implementation fee and $153,000 on-going annual system costs. Utilizing information gathered
from Namely,the City submitted a funding request for a new HRMS system during the annual
budget process in FY2023 that was approved for the FY2023.
As we moved forward after securing the budgetary funding, we found that Namely did not have a
contract vehicle that would allow the City to contract with them without a formal Request for
Proposal (RFP) process. The team then worked with the Procurement Division to begin a formal
RFP process. As part of RFP process,we directly contacted Namely and other companies that had
reached out to the City to notify them of the upcoming RFP to invite them to participate.
The RFP was opened on February 15,2023 and closed on March 30, 2023. During the submission
period, 7 submissions were received. The RFP processes consisted of 5 points of evaluation
criteria (all processes followed City procurement best practices). The first was Compliance
(Pass/Fail), did the respondent meet all the requirements of the RFP. Second was the Technical
Evaluation, scoring the respondents ability to meet the needs and system requirements of the
City's operations based on the responses provided. Third was Cost, points were assigned based
solely on cost of the top three submission from the first two evaluation criteria. Fourth was the
Demonstration and Interview. This consisted of on-site demonstrations of the top three
respondents to show the RFP team the system functionality in action and allow for questions.
Lastly, On-Site Customer Visits,which the team did virtually due to travel costs. This evaluation
criteria consisted of virtual meetings with two customers for each of the implementation vendors
to ask about their experiences and pitfalls with their implementation processes. The team strictly
followed the procurement procedures and the RFP selection process resulted in the software
solution company Workday with Cognizant(formerly Collaborative Solutions) as the implementer.
Workday is a well-known HRMS system that has the capability to meet the City's needs now and
into the future. This system will allow the City to streamline many manual processes, give greater
transparency to supervisors and employees, allow supervisors and employees to take control
through the use of self-service processes, reduce the need for multiple manual audits, reduce staff
time to process changes and payroll, provide greater data integrity, and allow for paperless
processing. Implementation of a new system will also provide the opportunity to evaluate current
business processes to determine if they are still needed and relevant to the operations of the City
today.
Total costs of this project as defined through the RFP process are:
One-Time Implementation Cost: $1.1M
Ongoing Annual SaaS Cost: $254,000
The team has found the funding for the on-going costs needed by utilizing funds for other systems
that are phasing out or have not yet been brought online. These are Boards & Commissions,
Priority Based Budgeting, OpenGov and the current system costs for Sage HRMS.
What if we did nothing?:
The City can continue to "roll-the-dice" on the current systems in place and hope none of the
companies make any changes to their data tables. The City has "rolled-the-dice" for the past 5
years with no major issues. If one of the systems does change and we are not able to update the
database tables, then the City would need to implement paper timecards and payroll calculations.
At that time, the Finance department would require additional staff to manually account for 700+
manual timecards and calculate payroll by hand. The Human Resources Department would also
need additional staff to manually administer the City's benefits plans as well as manually
processing all employee, payroll, supervisor, address and other various changes that occur on a
regular basis. The City would then start this RFP process at that time looking for the best solution
for the City (inflation impacting costs). The integration and startup would be around 18 months.
12/13/2023 11:01 AM City of Meridian FY2024 Budget Amendment Form
Personnel Costs Full Time Equivalent(FTE):
Fund# Dept.[! G/L# Praj.# G/L#Description Total E IDIAN --
01&60 1540 41200 0 1wages
01&60 1540 41206 0 PT/Seasonal Wages
01&60 1540 41210 0 Overtime Please only complete the fields
01&60 1540 41304 0 Uniform Allowance highlighted in Orange.
01&60 1540 42021 0 FICA 5 Amendment Details
01&60 1540 42022 0 PERSI 5 Title: HRMS Sofware Implementation Costs
01&60 171540 42024 0 Worker's Comp 5 Department Name: Human Resources
01&60 1540 42025 0 Employee Insurance $ Presenting Department Name: Human Resources
Total Personnel Costs-$ Department#: 1540
Operating Expenditures Primary Funding Source: 01&60
Fund# DeptA G/0 ProjA G/L4 Description One-Time On-Going Total CIP#:
01&60 1540 0 1 $ Project#:
01&60 1540 0 $
01&60 1540 0 S Is this for an Emergency? ❑ Yes 0 No
01&60 1540 0 $ New Level of Service? ❑ Yes 0 No
01&60 1540 0 $
01&60 1540 0 $ Clerks Office Stamp
01&60 1540 0 $
01&60 1540 0 $
01&60 1540 0 $
01&60 1540 0 5
01&60 1540 0 5
01&60 1540 0 $
01&60 1540 0 $ Date of Council Approval
Total Operating Expenditures $ $ $
Capital Outlay
Fund# Dept.# G/L# Proj.# G/LY Description Total Acknowledgement Date
01&60 1540 94310 1 0 HRMS Software $ 1,100,000 REVIEWED '
01&60 1540 0 By Todd Lamle al 11:13 am,Dec 73 2073
01&60 1540 0 Department Director
01&60 1540 0 REVIEWED
01&60 1540 0 By Todd Lamle of 11:13 am,Dee 13,2023
01&60 1540 0 Chief Financial Officer
Total Capital Outlay-$ 1,100,000
Revenue/Donations -E, la,-ty-A3
Fund# Dept.# G/L# Proj.# G/L#Description Total C u ilLiaison n ✓—
Ol&60 1540 0 lG/
01&60 1540 0 �_ 12-14-23
01&60 1540 0 Mayor
Total Revenue/Donations $
Total Amendment Request $ 1,100,000
City of Meridian FY2024 Budget Amendment Form F:\Budget\FY2024\FY2024 Amendments\FY2024 Budget Amendment Form_HR_HRMS Software Implementation
12/13/2023 11:01 AM 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: Human Resources
Funding 2024 2025 2026 2027 2028 Title: HRMS Sofware Implementation Costs
Personnel $ - $ $ $ $ In:ti,irtiolis rni stir inmint;nridgct Aure lid III en t,:
Operating $ $ $ $ S >Department will send Amendment with Directors signature to Finance(Budge Manager)for revlew
Capital $ 1,100,000 >Finance will send Amendment to Council Llalson for signature
Total $ - $ 1,100,000 $ $ $ $
>Council liaison will send signed Amendment to Mayor
Total Estimated Project Cost: $ 1,100,000 >Mayor will send signed Amendment to Finance(Budget Manager)
Evaluation Questions >Finance(Budget Manager)will send approved copy of Amendment to Department
Please answer all Evaluation Questions using the financial data referenced above. >Departmentwill addcopyof Amendment to Council Agenda using Municode Agenda Manager
1. Describe what is being requested?
This budget amendment is requesting$1,100,000 for the acquisition and implementation of a Human Resource Management System.During the FY23 Budget process,the City
approved$185,000 for a software solution.Upon following the proper RFP process for a software solution,it was determined that the City would need additinal funding to
acquire and implement the software solution determined by the RFP process.The$1,100,000 will be used to implement the software solution.
i2. Why was this budget request not submitted during the current fiscal year budget cycle?
The RFP process was conducted afer the intial budget approval in FY23.Results of the RFP process delivered showed that the City would need additional funds if it were to
acquire/implement a new HRMS solution.
3. What is the explanation For not submittingthis is budget request during the next fiscal near budget cycle?
This project has been in the works for at least 36 months and the City would benefit from a 12 month implementation timeline for a January 1 effective date.Delaying the project
would move teh go-live date out another year possibly to reflect a Janaury 1 start date to capture Taxes,Wages,and Benefits on a Calecndar year.
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.
Enterprise and General Fund Balance.This is One-Time Funding.
Note that all On-Going costs are in the current budget and will not require additional funding.Staff identified all necessary on-goign funding needs.
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.All.This software solution will impact every employee and every department.All employees will need to be involved with training and data validation possibly.
7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or Nog
8.Is the amendment going to result in the disposal of an asset?(Yes or No) No
9.An additional comments?
Total Amendment Request $ 1,100,000
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 hudget omendments.
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 Form_HR_HRMS Software Implementation
E IDIAN
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AGENDA ITEM
ITEM TOPIC: Fiscal Year 2024 Budget Amendment in the Amount of$1,736,714.00 for
Meridian Fire Department SAFER Grant
12/11/2023 5:09 PM City of Meridian FY2024 Budget Amendment Form
Personnel Costs Full Time Equivalent(FTE): 18.0
Fund# Dept.# G/L# Proj.# G/L#Description Total f IDIAN�--
01 2211 41200 5042 Wages $ 815,907 C�I�
01 2211 41206 5042 PT/Seasonal Wages $ -
01 2211 41210 5042 Overtime $ 126,000 Please only complete the fields
01 2211 41304 5042 Uniform Allowance $ -
01 2211 42021 5042 FICA $ 72,056 Amendment Details
01 2211 42022 1 5042 PERSI $ 124,897 Title: SAFER Grant 18 Firefighters
01 2211 1 42024 1 5042 Worker's Comp $ 38,336 Department Name: Fire
01 2211 1 42025 1 5042 Employee Insurance $ 203,753 Presenting Department Name: Fire
Total Personnel Costs $ 1,380,949 Department#: 2210
Operating Expenditures Primary Funding Source: 1
Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: N/A
01 2210 51300 5042 Office Expense-$25 per person per year $ 450 $ 450 Project#: 5042
01 2210 51400 5042 Copier Expense-$10 per person per year $ 180 $ 180
01 2210 52013 5042 Employee Recognition and Coffee-$60 per person $ 1,080 $ 1,080 Is this for an Emergency? ❑ Yes 0 No
Clothing Expense-Start up,$4,000 per person.$725 per person ❑� ❑
01 2210 52300 5042 each year $ 72,000 $ 13,050 $ 85,050 New Level of Service? Yes No
SCBA/Bottles/Co Tester-Mask and regulator per person(18 @ Clerks Office Stamp
01 2210 52301 5042 $2,500).Ongoing SCBA costs for Mtnc&Replacement,Fit testing $ 45,000 $ 18,000 $ 63,000
01 2210 54000 5042 Equipment&Supplies $ 3,600 $ 3,600
Turnout Equipment-$4,000 per person.$1,500 ea per person
01 2210 54104 5042 every year $ 60,000 $ 27,000 $ 87,000
01 2210 55301 5042 Preventative Health Exp-$915 ea.Every other year(9) $ 8,235 $ 8,235
Background/Employment Testing-$915 ea.For first pre
01 2210 55410 5042 employment exam(18) $ 16,470 $ 16,470
Employee Seminars/Training/Licenses-$250 per position every Date of Council Approval
01 2250 57200 5042 other year $ 2,250 $ 2,250
01 2250 57202 5042 Travel-Transportation-$250 per position every other year $ 2,250 $ 2,250
01 2250 57203 5042 Travel-Lodging- $250 per position every other year $ 2,250 $ 2,250
01 2250 57204 5042 Travel-Per Diem- $250 per position every other year $ 2,250 $ 2,250
01 2210 56103 5042 Capital-Communication Equipment-8 @$10,100ea $ 80,800 $ 80,800
01 2210 60101 5042 Dues/City licenses/Publications-18 at$25ea $ 450 $ 450
01 2210 69400 5042 Holiday Expense-18 at$15ea $ 270 $ 270
01 1840 69900 5042 City Summer Picnic-18 at$10ea $ 180 $ 180
Total Operating Expenditures $ 274,270 $ 81,495 $ 355,765
City of Meridian FY2024 Budget Amendment Form F:\Budget\FY2024\FY2024 Amendments\FY2024 Budget Amendment Form-Fire-SAFER Grant 18 Firefighters
12/11/2023 5:09 PM City of Meridian FY2024 Budget Amendment Form
Capital Outlay Acknowledgement Date
Fund# Dept.# G/L# Proj.# G/L#Description Total
01 2210 5042 ` _ 12/11/2023
01 2210 5042 Department Director
01 2210 5042 REVIEWED
01 2210 5042 By Todd Lavoie at 5:10 pm,Dec 11,2023
01 2210 5042 Chief Financial Officer
Total Capital Outlay $
Revenue/Donations
Fund# Dept.# G/L# Proj.# G/L#Description Total
Council Liaison
01 1 2210 1 33100 1 5042 SAFER Grant-18 Firefighters(annual FEMA Funding) $ 1,803,402
01 2210 5042 (FEMA Award$6,105,783.06)over 3 years)
01 2210 5042 Mayor
Total Revenue/Donations $ 1,803,402
Total Amendment Request $ (66,688)
Total Amendment Cost- Lifetime
Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Fire
Funding 2024 2025 2026 2027 2028 Title: SAFER Grant 18 Firefighters
Personnel $ 1,380,949 $ 2,640,305 $ 2,859,336 $ 3,123,148 $ 3,242,103 Instructions for submitting Budget Amendments:
Operating $ 355,765 > Department will send Amendment with Directors signature to Finance(Budget Manager)for review
Capital $ - > Finance will send Amendment to Council Liaison for signature
Total $ - $ 1,736,714 $ 2,640,305 $ 2,859,336 $ 3,123,148 $ 3,242,103 > Council Liaison will send signed Amendment to Mayor
Total Estimated Project Cost: $ 13,601,606 > Mayor will send signed Amendment to Finance(Budget Manager)
➢ Finance(Budget Manager)will send approved copy of Amendment to Department
> Department will add copy of Amendment to Council Agenda using Munlcode Agenda Manager
City of Meridian FY2024 Budget Amendment Form F:\Budget\FY2024\FY2024 Amend ments\FY2024 Budget Amendment Form—Fire—SAFER Grant_18 Firefighters
12/11/2023 5:09 PM City of Meridian FY2024 Budget Amendment Form
Evaluation Questions
Please answer all Evaluation Questions using the financial data referenced above.
1. Describe what is being requested?
After receiving a reduction in staffing number from the SAFER grant administrator,it was determined by City Finance that there will be expenses related to the 18 firefighters that is not covered by the conditions or
funding of the grant during the three year performance period.
2. Why was this budget request not submitted during the current fiscal year budget cycle?
The SAFER grant was awarded to the City after the formal budget process was completed.
3. What is the explanation for not submitting this budget request during the next fiscal year budget cvcle?
The SAFER grant was awarded per Federal timelines and requires a specific hiring timeline of employees. Delaying any hiring will place the City in default of grant requirements.
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.
The SAFER grant will provide funding for year#1.For years#2 and#3,the SAFER grant will fund a majority of the costs. It is esitmated that year#2 will require$545,000 and year#3 will require
$652,000 from General Fund Fund Balance.The City will need to acquire new revenues to pay for the employees after the SAFER grant expires.
5.Does this request align with the Department/City's strategic plan? If not, please explain how this request was not included in the Department/City strategic plan?
Yes
` 6. Does this request require resources to be provided by other departments? If yes, please describe the necessary resources to be provided by other departments.
No
7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No No
i
8.Is the amendment going to result in the disposal of an asset?(Yes or No) no 1
9.Any additional comments?
The funding request for the Personnel section represents needs for March through September only.
J
Total Amendment Request $ (66,688)
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 Form—Fire—SAFER Grant 18 Firefighters
SAFER Grant Summary Analysis
FY2024 FY2025 FY2026 FY2027 FY2028
2/26/24-9/30/24 10/1/24-9/30/25 10/1/25-9/30/26 10/1/26-9/30/27 10/1/27-9/30/28 Totals
SAFER Grant Funding $ 1,803,401.82 $ 2,095,383.24 $ 2,206,998.00 n$ 6,105,783.06
Firefighter Costs $ 1,736,713.98 $ 2,640,305.36 $ 2,859,336.04 $ 3,123,148.02 $ 3,242,102.70 $ 13,601,606.10
Difference $ 66,687.84 $ (544,922.12) $ (652,338.04) $ (3,123,148.02) $ (3,242,102.70) $ (7,495,823.04)
12/11/2023
5:11 PM F:\Accounting\Grants\5042 FEMA SAFER Grant\SAFER Grant Funding and Expenses
SAFER Grant - Funding Schedule
This tab displays the funding schedule
FY2024 FY2025 FY2026
2/26/24-9/30/24 10/1/24-9/30/25 10/1/25-9/30/26 Total Funding
Personnel $ 1,244,347.26 $ 1,445,814.44 $ 1,522,828.62 $ 4,212,990.31
Fringe Benefits $ 559,054.56 $ 649,568.80 $ 684,169.38 $ 1,892,792.75
$ 1,803,401.82 $ 2,095,383.24 $ 2,206,998.00 $ 6,105,783.06
From: ''Hankerson, Kenyata" <kenyrata.hankersonpferna.dh5.8otr>
Date: December 11, 2023 at 2:20.43 PA+1 MST
To: (Cris Blume <kb1umePmeridianc1ty.org>
Subject: RE: Meridian Fire Department 2D22 SAFER, Elh1 W-2D22-FF-00747 (Arnendment)
External 5;-ji4er-Please use caution urith links or attachments.
NOT TO EXCEED
YEAR 1$1,803,401.82
YEAR 2 2,095,.38.3.24
YEAR 3$2,206,998.06
TOTAL- $6,105.783.06
2.035,26i.02 was subtracted from total grani
12/11/2023
5:11 PM F:\Accounting\Grants\5042 FEMA SAFER Grant\SAFER Grant Funding and Expenses
Firefighter Personnel Costs Analysis
This tab displays the total actual City costs per firefighter.
FY2024 FY2025 FY2026 FY2027 FY2028
FF1 FF2 FF3 FF4 FF5
Base Wage $ 23.93 $ 26.62 $ 29.61 $ 33.26 $ 34.76
Annual Wage $ 66,245.66 $ 73,677.49 $ 81,960.17 $ 92,064.50 $ 96,202.18
Annual FLSA $ 5,459.81 $ 6,072.32 $ 6,754.96 $ 7,587.73 $ 7,928.75
Specialty Pay Estimate $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00
Overtime Estimate $ 12,000.00 $ 12,000.00 $ 12,292.80 $ 12,592.74 $ 12,900.01
Total Annual Wages $ 89,705.46 $ 97,749.81 $ 107,007.93 $ 118,244.98 $ 123,030.94
FICA 7.65% $ 6,862.47 $ 7,477.86 $ 8,186.11 $ 9,045.74 $ 9,411.87
Work Comp 4.07% $ 3,651.01 $ 3,978.42 $ 4,355.22 $ 4,812.57 $ 5,007.36
PERSI 13.26% $ 11,894.94 $ 12,961.63 $ 14,189.25 $ 15,679.28 $ 16,313.90
Medical/Dental/Vision $ 19,405.07 $ 19,878.55 $ 20,363.59 $ 20,860.46 $ 21,369.46
Total Benefits Costs $ 41,813.49 $ 44,296.46 $ 47,094.17 $ 50,398.06 $ 52,102.58
Total Personnel Costs $ 131,518.96 $ 142,046.27 $ 154,102.10 $ 168,643.03 $ 175,133.53
Office Supplies $ 25.00 $ 25.61 $ 26.23 $ 26.88 $ 27.53
Copier Expenese $ 10.00 $ 10.24 $ 10.49 $ 10.75 $ 11.01
Employee Recongnition $ 60.00 $ 61.46 $ 62.96 $ 64.50 $ 66.07
Clothing $ 4,725.00 $ 742.69 $ 760.81 $ 779.38 $ 798.39
SCBA Equipment $ 3,500.00 $ 1,024.40 $ 1,049.40 $ 1,075.00 $ 1,101.23
Equipment $ 200.00 $ 204.88 $ 209.88 $ 215.00 $ 220.25
Turnout Equipment $ 4,833.33 $ 1,536.60 $ 1,574.09 $ 1,612.50 $ 1,651.85
Preventatvie Health $ 457.50 $ 468.66 $ 480.10 $ 491.81 $ 503.81
Background Testing $ 915.00 -
Seminars/Training $ 125.00 $ 128.05 $ 131.17 $ 134.38 $ 137.65
Travel-Transportation $ 125.00 $ 128.05 $ 131.17 $ 134.38 $ 137.65
Travel-Lodging $ 125.00 $ 128.05 $ 131.17 $ 134.38 $ 137.65
Travel-Per Diem $ 125.00 $ 128.05 $ 131.17 $ 134.38 $ 137.65
Dues,Licenses,Publications $ 25.00 $ 25.61 $ 26.23 $ 26.88 $ 27.53
Holiday Expense $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 15.00
City Summer Picnic $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00
Total Operating Expenses $ 15,275.83 $ 4,637.36 $ 4,749.90 $ 4,865.19 $ 4,983.29
Radios $ 80,800.00
Total Employee Cost $ 227,594.79 $ 146,683.63 $ 158,852.00 $ 173,508.22 $ 180,116.82
18 $2,640,305.36 $2,859,336.04 $3,123,148.02 $3,242,102.70
March-Sepebmert Q months)
Personnel-Wages $ 45,328.19
Personnel-Overtime $ 7,000.00
Personnel-Benefits $ 24,391.20
Operating $ 15,275.83
Radios $ 10,100.00
$ 102,095.22
Personnel-Wages 18 $ 815,907.37
Personnel-Overtime 18 $ 126,000.00
Personnel-Benefits 18 $ 439,041.67
Operating 18 $ 274,964.94
Radios 8 $ 80,800.00
$1,736,713.98
12/11/2023
5:11 PM F:\Accounting\Grants\5042 FEMA SAFER Grant\SAFER Grant Funding and Expenses
E IDIAN
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AGENDA ITEM
ITEM TOPIC: Ordinance No. 23-2041: An Ordinance (Promenade Cottages Subdivision H-
2022-0013) for rezone of a portion of a parcel of land located in the northeast quarter of the
northwest quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning approximately
6.61 acres of land to the R-40 (High-Density Residential) zoning district and approximately 0.535
acres of land to the C-G (General Retail and Service Commercial) zoning district in the Meridian
City Code; directing city staff to alter all applicable use and area maps as well as the official
zoning maps and all applicable official maps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance; providing that copies of this ordinance
shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder,
and the Idaho State Tax Commission, as required by law; and providing an effective date.
ADA COUNTY RECORDER Trent Tripple 2023-070703
BOISE IDAHO Pgs=8 ANGIE STEELE 12/20/2023 04:16 PM
CITY OF MERIDIAN, IDAHO NO FEE
CITY OF MERIDIAN ORDINANCE NO. 23-2041
BORTON, CAVENER, HOAGLUN
BY THE CITY COUNCIL: OVERTON, PERREAULT, STRADER
AN ORDINANCE(PROMENADE COTTAGES SUBDIVISION H-2022-0013)FOR REZONE
OF A PORTION OF A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1
EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING APPROXIMATELY 6.61
ACRES OF LAND TO THE R-40 (HIGH-DENSITY RESIDENTIAL) ZONING DISTRICT
AND APPROXIMATELY 0.535 ACRES OF LAND TO THE C-G(GENERAL RETAIL AND
SERVICE COMMERCIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE;
DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS
WELL AS THE OFFICIAL ZONING MAPS AND ALL APPLICABLE OFFICIAL MAPS
DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF
MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES
OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE
ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO
STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the property described in the Legal Description attached hereto as Exhibit
"A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian,
Idaho, and that the City of Meridian has received a written request for rezoning by Lesley's Mobile
Estates, LLC, the owner of said property.
SECTION 2. That the above-described real property is hereby rezoned from R-8 (Medium-
Density Residential)(6.82 acres)Zoning District and C-G(General Retail and Service Commercial)(0.33
acres) Zoning District to the R-40 (High-Density Residential) (6.61 acres) Zoning District and C-G
(General Retail and Service Commercial) (0.535 acres)Zoning District.
SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well
as the official zoning maps and all applicable official maps depicting the boundaries and the zoning
districts of the City of Meridian in accordance with this ordinance.
SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and
its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the
Idaho State Tax Commission within ten (10) days following the effective date of this ordinance.
PAGE 1
REZONE ORDINANCE—PROMENADE COTTAGES SUBDIVISION H-2022-0013
SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed.
SECTION 6.That this Ordinance, once passed, shall be in full force and effect upon publication,
in accordance with law.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 19th
day of December 2023.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 19th day of
December, 2023.
MAYOR ROBERT E. SIMISON
ATTEST:
CHRIS JOHNSON, CITY CLERK 12-19-2023
STATE OF IDAHO, )
SS:
County of Ada )
On this 19th day of December 2023, before me, the undersigned, a Notary Public in and for said State,
personally appeared ROBERT E. SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,
respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City
of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above
written.
tSEAL) Notary Public for Idaho
My Commission Expires: 3-28-2028
REZONE ORDINANCE—PROMENADE COTTAGES SUBDIVISION H-2022-0013 PAGE 2
EXHIBIT A
Description for
R-40 Zone
September 2, 2022
A parcel of land located in the Northeast 114 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian,Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E.,
B.M.,from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29"West,2.404.77 feet;thence on
the centerline of E. Fairview Avenue, South 89°11'04"West,629.99 feet; thence
leaving said centerline. South 00°35'12"West,310.09 feet to the REAL POINT OF
BEGINNING;
thence continuing South 00"35'12'West, 686.83 feet to the centerline of E.
Badley Avenue;
thence on said centerline, North 89"30'43"West, 393.75 feet to the intersection
of E. Badley Avenue and NE 3rd Street;
thence on the centerline of NE 3rd Street, North 00'28'17" East,730.12 feet;
thence leaving said centerline, South 89°28'01" East, 90.00 feet to the exterior
line of the City of Meridian C-G Zone;
thence on said exterior boundary line the following two(2)courses and
distances:
South 00'28'17"West, 50.16 feet;
North 89°11'04" East,305.21 feet to the REAL POINT OF BEGINNING.
Containing 6.284 acres, more or less.
End of Description.
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Page 1 of 1
Description for
R-40 Zone
September 2, 2022
A parcel of land located in the Northeast 1/4 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian,Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1E.,
B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29"West,2.404.77 feet; thence on
the centerline of E. Fairview Avenue, South 89'11'04' West, 629.99 feet; thence
leaving said centerline, South 00'35'12" West, 267.11 feet to the REAL POINT OF
BEGINNING;
thence continuing South 00`35'12"West, 42.98 feet to the exterior boundary
line of the City of Meridian C-G Zone;
thence on said exterior boundary line the following two (2) courses and
distances:
South 89'11'04"West, 305.21 feet;
North 00'28'17" East, 50.16 feet,
thence leaving said exterior boundary line, South 89'28'01" East, 305.22 feet to
the REAL POINT OF BEGINNING.
Containing 0.326 acres. more or less.
End of Description.
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Page 1 of 1
Description for
C-G Zone
September 2, 2022
A parcel of land located in the Northeast 114 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E.,
B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29" West, 2,404.77 feet; thence on
the centerline of E. Fairview Avenue, South 89`11'04" West, 935.83 feet to the exterior
boundary line of the City of Meridian C-G Zone and the REAL POINT OF BEGINNING;
thence on said exterior boundary line, South 00"28`17" West, 259.92 feet:
thence leaving said exterior boundary line, North 89"28'01" West, 90.00 feet to
the centerline of NE 3rd Street;
thence on said centerline, North 00°28'17" East, 257.80 feet to centerline of E.
Fairview Avenue;
thence on said centerline, North 89011'04" East, 90.02 feet to the REAL POINT
OF BEGINNING.
Containing 0.535 acres, more or less.
End of Description.
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Page I of 1
EXHIBIT B
sccie: 1"=200'
0 50 100 200 400
Basis of Bearings
S88'35'29"W 2404.77. '.•••••...........
3 w '
S1 S6 S89 11'04"W 629*99' '1/4 S6
__- - -_- -=r= - -- - - - - S7
S12 S7 — - —
� �3
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� O _
C r7 O M
Li �' Real Point
__ ` _ _ of Beginning
Z -j N89'11'04"E 305.21'
iv
OR
I t6.284
I w Acres
E. Gruber Ave. r` 3
Line Table
;o
n
Z po Line Bearing Length
to
Lt S89'28'01"E 90.00'
L2 S00'28'17"W 5L.
-E. Bodley Ave. _ -
FN89'30'43"W 393.75'
PL LAHD
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Job No.
IDAHO Exhibit for 21-211
SURVEY s�%,mmo `D5� R-40 Zone sheet Na.
(ale)6469570
GROUP, LLC Located In the NE1/4 of the NW1/4 of Section 7, Dwg. Date
T.W. RAE., B.M., City of Merldlon, Ada County, doho. 9/2/2022
Scale: 1"=200'
0 50 100 200 400
Basis of Bearings
S88'35'29"W 2404.77. •.•.•.........
C� Cr �� E. Fairview-Ave.
S1 S6 _ 58971'0a"W 629.99' /4 S6
S12 57 -- - S7
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S89'28'01"E 305.22' of Beginning
S89'11'04"W 305.21,
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E. Gruber Ave. Line Bearing Length
Ll S00'35'12"W 42.98'
I L2 N00'28-17"E 50.16'
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IDAHO Exhibit for 21b 211
SURVEY m5sw e►u wuas R-40 Zone Sheet No.
BOISE,CAW e]]M
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GROUP, LLC Located in the NE1/4 of the NW1/4 of Section 7, Dwg. Date
T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho. 9/2/2022
N Scale: 1"=200'
0 50 100 2C0 400
Basis of Bearings
..S88'35'29"W 2404.77. • • .•..........
E. Fairview Ave. ---
S1 S6 .' L2 589'11'04"W 935.83' -—z 1/4 56
Reol Point S7
S1 2 S7 Section ;v m 3 of Beginning - —-—-— — -
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Z I Line Bearing Length
I
E. Gruber Ave. I L1 N89'28'01"W 90.00'
L2 N89'11'04"E 90.02'
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IDAHO Exhibit for 21°211
SURVEY B955W eMtwuaar C—G Zone sheet Na.
eoisE,ioaro avw
GROUP, LLC Located in the NE1/4 a' the NW1/4 of section 7, Dwg. Date
T.3N., RAE., S.W. City of Meridian, Ado County, Idaho- 9/2/2022